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(영문) 서울북부지방법원 2013.10.31 2013고단1839
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

The organization of financial fraud crimes through telephone in China (hereinafter “Singing”) consists of an organization that leads many unspecified persons to deposit by telephone using a call center in China, and that leads them to transfer money to a large account owned by them without the consent of deposit principle by identifying personal information, or to transfer money to a large account owned by them without the consent of deposit principle, and that leads them to transfer the means of access such as passbook, etc. by withdrawing, delivering, or remitting damage money in Korea.

Accordingly, the Defendants and other domestic officers of the Republic of Korea committed the following crimes in collusion with the using means of access to which a member of the Bosing Organization in China acquired and used the means of access (the third person "the third person"), and subsequently, with respect to the money transferred from the victim or transferred to the account without the victim's consent by taking out loans, etc. by a member of the organization in China, the Defendants and other domestic officers of the Republic of Korea, in accordance with AA's instruction, withdrawn the amount of damage from the above means of access, which was detailed in accordance with the order of the victim, and deliver it to other members, and receive 5 to 7% of the amount of the withdrawal, in return,

1. Defendant A

가. 접근매체에 관한 사기 보이스피싱 조직은 보이스피싱 피해자들로부터 지정된 계좌로 돈을 송금 받는 방식으로 타인의 금원을 편취하는데 사용할 타인의 접근매체를 확보하고자, 성명불상의 조직원을 통하여 보이스피싱 범행에 사용될 은행 통장과 현금카드 및 비밀번호를 모집하고, 중국 내 조직원인 AA은 중국 내 스마트폰 채팅 프로그램인 ‘위챗(Wechat)'을 통해 피고인에게 연락하여 피고인이 위 모집된 접근매체를 전달받도록 순차 공모하였다.

The employee in name is not capable of making loans possible even if he has received the means of access.

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