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(영문) 수원지방법원 성남지원 2019.02.13 2018고단2546

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The crime organization of telephone financial fraud (hereinafter “scaming”) is an organization that commits a crime by deceiving many unspecified victims to contact with a financial institution or a person with an unspecified number of victims by deceiving them and withdrawing money from the account collected in advance by deceiving them. They share their respective roles, such as “inducing”, “inducing”, “inducing or collecting money transferred from a telephone to the account”, “inducing”, “inducing or remitting money received from a withdrawal book”, and “inducing money without a passbook to another account”. In preparation for the arrest of the investigative agency, the organization is operated in the form of communication by using a “scamphone” or “B”, etc. “B”, etc., which is difficult to track due to the arrest of the investigative agency.

On October 2018, the Defendant: (a) received a proposal from a non-scaming staff member (hereinafter “C”) who became aware of the Defendant’s cell phone text sent out of the Defendant’s cell phone; (b) received 5% of the withdrawn money at the nearest bank, and withdrawn the money deposited into our designated account; and (c) received the order of the said “C” from the said “C” to take charge of deposit without a passbook or transfer of the money to the account designated by the said “C; and (d) conspired with the said “C” and other scaming staff to take charge of the act of depositing without a passbook or transfer of the money if the money was deposited into the said c card.

1. On October 31, 2018, the Defendant violated the Electronic Financial Transactions Act: (a) around 31, 2018, issued a e-mail card (credit card number G) connected to the E-bank account (F) account in the name of Man or D, prior to the e-bank 2-ro 340, JH-ro, Gangnam-gu, Seoul; and (b) on the same day as the date when he/she was in possession of the card, according to the direction of a person who was unable to perform his