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(영문) 서울중앙지방법원 2015.10.08 2015고단4100

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on June 3, 2015, and the said judgment was finalized on August 26, 2015.

All of the facts of “2015 Highest 4100, China, as the “total liability” of the telephone financial fraud organization, assumes the responsibility of police officers in China while operating the call center in China to many unspecified persons, and takes overall charge of and manage the financial fraud crime by deceiving the money by means of “transfering the money to a designated account because the bank account was used for a crime,” and the lower part of the account bears the responsibility of sharing it by means of the “solicitation” through which the head of the bank is recruited in Korea, “transporting the passbook,” “transporting the money” through the delivery of the head of the bank, “passing the money in cash,” and “transfering the money back to the Republic of Korea.”

이에 따라 피고인은 성명불상자가 모바일 채팅 서비스 ‘위챗’을 통하여 지시하는 대로 피고인의 모 C 명의 계좌를 제공하고 해당 계좌에 입금된 피해 금원을 인출한 후, 그 돈을 성명 불상의 중국인에게 전달하는 방법으로 금융사기 범행을 하기로 순차 공모하였다.

Criminal facts

On April 10, 2015, at least 09:30 on April 10, 2015, the name-free person misrepresented the victim D with phone calls, and falsely called “the deposit was transferred to a designated account because the personal account was used for committing a crime,” and the victim had the victim transfer KRW 5,920,000 to CHyup Bank (E) account (E) around 11:31 on the same day.

On the other hand, at around 11:42 on the same day, the Defendant withdrawn KRW 1,00,00 by using a eck card connected to the above account at the 862-2 forest dong branch of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by using the eck-mail card connected to the above account according to the direction of the person who has failed to cast his name. In front of the 1019-7 White Do, the Defendant 1019-7.

Accordingly, the defendant conspireds with the person who was not injured in name.