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(영문) 수원지방법원안산지원 2020.12.17 2020고단880

사기

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

A Bosing organization, to which a person who assumes a false name-based lending company of a trade name “B” belongs, consists of false statements such as allowing a large number of unspecified persons to borrow low interest rates through a substitute loan, etc., such as “ call center” to transfer money collected in advance by the victim, “passing” to direct withdrawal and delivery of cash deposited in a substitute passbook, and “delivery” to the account designated by the organization members of the organization concerned by collecting cash from the person who takes the name of the substitute passbook and delivering it to the account designated by the organization members.

On July 23, 2019, the Defendant accepted the proposal from the above Bosing Organization’s personnel to the effect that “We will secure revenues above KRW 500,000,000 per month, if we move fast to designated places and recover funds rapidly.” However, even though one’s role is sufficiently aware of the refund of the crimes of Bosing, the Defendant did not have any particular loss and may be punished for living expenses.”

1. On July 23, 2019, a scaming employee in the name of the crime committed against the victim C made a false statement to the victim, stating, “Aponing the victim’s phone, is unable to provide a loan with a low credit rating due to the degree of D loan interest existing in order to damage the loan, with a high credit rating. It would be known that a portion of D loan would be repaid by raising credit rating, and would be deposited into a virtual account in which it would be known.” Accordingly, on July 25, 2019, the victim transferred KRW 20 million to the F Bank account in E’s name at KRW 45,000 to the victim.

Since then on July 25, 2019, the Defendant received instructions from a staff member of a telesing phishing operation through a telegram on July 25, 2019, and moved to H in front of Gangdong-gu Seoul Metropolitan Government, and met E at the same time, or remitted from the victim.