2014 Highest 4720 Fraud

2014 Highest 7389(combined) Fraud

A

Gambal interference (prosecution), and stuffing type (public trial)

Attorney B (Korean National Assembly)

December 8, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

2014 Highest 4720

The Defendant, along with the Chinese telephone financial fraud assistance staff operated by C, D, E, sexually influence, etc., conspired to obtain money from many and unspecified domestic unspecified persons by using the so-called 'Sishing' method, which requires them to deposit money by means of a large-name bank account in Korea by putting a telephone to a large number of unspecified domestic people. The staff of telephone financial fraud assistance in China has recruited to transfer money from China to a designated account by putting a telephone from the domestic victim to the designated account, and the Defendant, upon receiving C’s order, has recruited to transfer the amount of damage from the large-type bank account to the Chinese side.

On July 4, 2012, an employee of the telephone financial fraud assistance in the name-free statement made a false statement to the effect that he/she would want to get the victim's name in favor of him/her to leave the phone to make a payment to him/her, and that he/she is transferred to a non-deposit account in consideration of the conditions met by the victim. The Defendant and D, together with the Defendant and D, found the bank passbook at the high-speed bus terminal signation service in the Nowon-gu in Busan Simpo-gu, Busan, and then withdrawn the money obtained by the telephone financial fraud organization as above through the passbook and deposited it into the account in one bank account in the name of G around 15:55 on July 15, 2012.

In addition, the Defendant and C, D, and the members of the telephone financial fraud assistance staff from the name-based telephone financial fraud have been remitted to KRW 29,750,000 as shown in the annexed crime list from around September 27, 2012, and all were deposited into the G bank account in the G name at least 11 times. Accordingly, the Defendant conspired with the aforementioned members of the telephone financial fraud assistance staff and received the property by deceiving the victims.

“2014 Highest 7389

The Defendant, in collusion with telephone financial fraud assistance staff, H, I, etc. in order to identify the personal information necessary for financial transactions by misrepresenting to post offices and investigative agencies, and used it to obtain money from the victim. The Defendant was in charge of making the Defendant withdraw money by delivering the passbook and cash card so called to H, etc.

On September 15, 2012, a telephone financial fraud assistance employee in the name of the victim was issued a post office card in the name of the victim by putting a telephone to the victim J at an unclaimed place. It is false to the effect that "h, as it may be used for a crime, to go back to the nearest bank," and that "h, as it may be used for a crime, to which it belongs, allow the victim to operate a cash withdrawal machine, thereby allowing the victim to operate it from the national bank account in the name of the victim.

In order to transfer 6 million won to the national bank account in the name of M, 6 million won to the Busan bank account in the name of M, and 3.2 million won to the National Bank account in the name of N, 2 million won to the National Bank account in the name of the victim, and H and I ordered H to withdraw the above money from the above account.

As such, the Defendant, in collusion with a person who was unable to obtain his name, or H, was accused of the victim, and received a total of KRW 17.2 million from the victim.

Summary of Evidence

[2014 Highest 4720]

1. Defendant's legal statement;

1. Copies of the police interrogation protocol of H and D;

1. Investigation report (Financial Account);

1. Defendant's legal statement;

1. Copies of each police interrogation protocol of M, H, I, and N;

1. Statement to J police officers;

1. Details of transactions and CCTV images withdrawn;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the crime of Bosing in this case is committed by deceiving many victims in a systematic and planned manner and by omitting them in an imminent state, and the nature of the crime is very poor, and there is a need for the strict punishment of the defendant as the act of committing the crime increases in intelligence and social damage. The extent of the defendant's participation in the crime of Bosing in this case, the role of the defendant, the degree of punishment against the accomplice, the degree of punishment against the defendant, the fact that the defendant is against his accomplice, and other various sentencing conditions specified in the argument of this case including crime power, age, character and conduct, environment, etc.

Judge Benefitshos