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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The Defendant: (a) conspireds with and in sequence with an employee to engage in telephone finance fraud (hereinafter referred to as “operator”); (b) falsely assumes the prosecutor, prosecutor, investigator, etc. according to the direction of the total liability; and (c) the account opened in the name of the victim by telephone call to the victim was connected to the crime.
On the other hand, the doping that it is necessary to conduct an investigation to reveal the suspicion of fraud, leading the victim to withdraw the deposit and to leave it to the staff of the Financial Services Commission, and the defendant (the tentatively called ‘the role') took part in the mutual role in transmitting the victim to the account designated by the Organization Committee upon receiving the money directly from the Financial Services Commission and remitting the victim to the account designated by the Organization Committee or re-delivery it to the union staff who takes the responsibility of receiving the money.
1. Around March 8, 2018, a non-name assistance officer: (a) misrepresented the police officer by leaving a phone to the victim C; and (b) falsely told the victim C to the effect that “A new account was used for a crime; (c) confirmed whether an illegal fund was included in the money deposited in a new bank account in the name of the party; and (d) delivered all the deposit to be returned to the Financial Services Commission’s employees who withdraw the deposit in cash and send it to the Financial Services Commission.”
At around 14:30 of the same day, the injured party released KRW 12 million from the new bank account in his name in accordance with the direction of his staff, and thereafter, the injured party, at around 14:30 of the same day, sent a false document, which printed out a file transmitted by him from his staff members in Seongdong-gu Seoul, to the victim as if he were the genuine document issued by the Financial Services Commission, and then sent it again to the name-free book designated by the organization member after receiving the paper paper containing KRW 12 million from the paper paper.
Accordingly, the Defendant conspireds with and in sequence with the non-name assistance staff, thereby deceiving the victim as above.