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(영문) 서울북부지방법원 2016.05.25 2015고단4485

전기통신금융사기피해방지및피해금환급에관한특별법위반방조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal Records] The Seoul Central District Court Decision on July 19, 2013 (Delivery of False Tax Account Statement, etc.): Imprisonment with prison labor for eight months and two years of suspended execution: The validity of the sentence prior to the instant indictment (the following criminal facts are generated during the period of suspended execution) finalized on July 27, 2013 (the period of suspended execution) (the following criminal facts) / [the criminal facts] D delivers it to E, etc. under the direction of the person who is the general responsibility of the so-called mining fraud crime, and E collects the amount of damage acquired through the mining fraud; and E shares the role of monitoring the withdrawing employee of another name in order to prevent the withdrawal from withdrawing the amount of damage.

1. On March 13, 2015, at around 09:30 on the victim C’s name, the victim C misrepresented the investigator of the prosecutor’s office by making phone calls to the victim C, led the victim to access the victim to the website of the false prosecutor’s office, and deceiving the victim to the effect that it is necessary for the investigation, and then, he/she was remitted from the victim to the Korean bank account of the name of the defendant, KRW 32 million, and KRW 32 million to the Korean bank account of the name of the defendant, KRW 64 million from the victim.

2. On March 13, 2015, at around 10:30, the victim G, a staff member in distress of the said criminal organization, leading the victim G to have a phone call connected to the victim G at a false public prosecutor’s office website, leading the victim G to have access to the false public prosecutor’s office website by entering the stand-off number, password, etc. in the victim’s name, and identifying the personal identification number from the victim. On the same day, the victim transferred KRW 17.9 million in total from the above account to the national bank account under the Defendant’s name twice on the same day.

3. On March 13, 2015, the victim H’s non-member of the above criminal organization is a telephone call from the victim H at a non-fluence place.