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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Justice] On October 11, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the Chungcheong District Court’s Chungcheong Branch, and two years of suspended execution, and the judgment became final and conclusive on October 19, 2019.
【Criminal Facts】
The Defendant: (a) had a victim withdraw cash directly from the account of the victim through a telephone financial fraud crime using the so-called “Singing” method; (b) conspired to commit the crime of telephone financial fraud by having the victim take charge of the so-called “cash collection scheme”, which collects the victim’s money in compliance with the direction of the person who was unable to obtain his/her name; (c) misrepresenting the employee of the Financial Supervisory Service in accordance with the direction of the person who was unable to obtain his/her name to deliver the amount of
1. On March 29, 2019, at a place where a location cannot be known to the victim B, the person who was unaware of the victim B’s name was the victim’s name, and the phone calls misrepresenting the victim B for the investigation to the effect that “the face-to-face passbook in the name of the party was used for a crime and damaged. The party is obliged to investigate whether the party is an accomplice, and all the money in the passbook is in need of investigating whether the money is illegal, and return the money.”
However, it was not a prosecutor, and there was no fact that the victim's account was used for the crime.
As above, a person who was unaware of the name was accused of the victim and instructed the victim to withdraw 4.2 million won in cash and deliver it to the defendant, and the defendant, according to the direction of the person who was unable to obtain his name, she was able to take her behavior, who is an employee of the Financial Supervisory Service, in front of the exit No. 199 and No. 7 in Jung-gu, Seoul, Jung-gu, 2019, and 4.2 million won in cash from the victim.
Accordingly, the defendant, in collusion with the staff of the scaming assistance in the name of the defendant, by deceiving the victim, and by receiving the money from the victim.
2. The victim C is not eligible for the false name of the victim.