Text
A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2018 Highest 921]
1. On September 2017, the Defendant conspiredd that the so-called call center team in the Bosing Organization, a general book-based book-based, calls from the victims in China to the public prosecutor, investigators, or financial supervisory agencies affiliated with the public prosecutor’s office, and the victims’ accounts were connected to the crime and had the victims withdraw cash from the bank, and receive the victims by misrepresenting the employees of the Financial Supervisory Service.
피고인은 공모하여, 성명 불상자는 2017. 09. 18. 14:00 경 중국 지린성 옌 지시 콜 센터에서, 피해자 C에게 검사를 사칭하면서 전화하여 “ 당신 명의로 대포 통장이 개설되어 범죄에 이용되었다.
In order to confirm whether the name has been stolen or not, all the money deposited in the House Account shall be given to employees of the Financial Supervisory Service after withdrawing the money.
“A false representation was made.”
However, the person who was not a prosecutor, and the defendant was not an employee of the Financial Supervisory Service, and the victim's account was not used in crime.
The Defendant, by deceiving the victim as above, had the victim withdraw KRW 4,600,000 in cash on the same day, and the Defendant received the instructions from the victims of his name, and around that time, received the orders from the victims, while performing the duties of the staff of the Financial Supervisory Service at the coffee shop located D in Nam-si, Namyang-si, and received the said cash delivery.
As a result, the Defendant, in collusion with a person who was not killed in name, by deceiving 4,600,000 won of victim F, and acquired the total amount of KRW 123,90,000 from around that time through five times, such as the list of crimes in attached Form 1.
[2018 Highest 1002]
2. The Defendant did not have a dominer and did not have the intent or ability to sell the doer even if the Defendant received the payment from the Victim G.
Nevertheless, it is not appropriate.