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(영문) 서울남부지방법원 2015.12.08 2015고단4100

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

Defendant

A shall be punished by imprisonment for two years, by imprisonment for a maximum term of one year and four months, and by a short term of one year, respectively.

Reasons

Punishment of the crime

The Defendants conspired to commit telecommunications-based financial fraud by making phone calls to unspecified persons in Korea according to the direction of H, Y, J, and Syms team leader K located in the Chinese Sym, J, and Syms team leader, and by misrepresenting them to the inspection of the high-tech criminal investigation team at the Seoul Central District Public Prosecutor's Office, investigators in name, etc., and by making them collect the personal financial information, and by making other undermining personnel in name and using personal financial information that has been deducted from victims as above, they transfer the money from the victim's account to the large passbook by using the personal financial information that has been deducted from victims, and by transferring the money deposited by other under other names to the large passbook in China, to the account of the telephone fraud group in China.

1. On October 20, 2014, at the call center located in the Chinese Peninsula, from October 15:40, 2014 under the direction of K of the telephone financial fraud team leader, Defendant A or other staff members: (a) sent a call from the call center located in the Chinese Peninsula to L; (b) induced the victim to access to the telephone financial fraud team site by saying, “The high-tech investigation team M investigator was discovered, and the complaint has been received; and (c) induce the victim to access the bank account and password; and (b) let the victim enter the bank account and password, etc. at the above strike site; (c) using the above financial information, the victim transferred the victim’s name to N’s national bank account (O), P’s standard bank account, RF bank account, ES forestry bank account, and Telecommunication account (U), 301,250,700,000 won in total from the victim’s account.

Accordingly, the defendant, in collusion with H and other telecommunications-based financial fraud investigators, inputs the information of victims acquired by the above methods in the information processing device, such as computer, without authority, from the victim's account to the large passbook account.