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(영문) 서울서부지방법원 2018.11.06 2018고단2579
사기등
Text

Defendant

A shall be punished by imprisonment of one year and ten months, by imprisonment of two years and four months, and by imprisonment of two years and two months, respectively.

Reasons

Punishment of the crime

1. As an employee of the Bosing Organization, Defendant A was planned to commit the phishing crime under the law, by misrepresenting to a large number of unspecified victims of financial institutions by misrepresenting himself/herself as a financial institution and obtaining money under the name of a substitute loan.

On July 9, 2018, the Defendant: (a) during the search of the Internet job offer site, on the job offer advertisement “a simple delivery service; (b) 5-7 hours a week; (c) 6-7 hours a day; and (d) 50,00 won a day; (b) contacted with the names of the winners; and (c) was engaged in card delivery services from July 9, 2018; (d) on July 18, 2018, the Defendant conspired in order to take part in the withdrawal of money in connection with taxes or money other than the previous one, upon receiving a proposal.”

A. On July 12, 2018, in accordance with the above conspiracy of fraud, the name-free person was made by calls to the victim D and making a false statement that “A loan would be made at a low interest rate if the existing loan is repaid.” The member was paid KRW 2,300,000 to the G bank account in the name of F on the same day from the victim, KRW 90,000 to the J bank account in the name of F on the same day, KRW 90,000 to the J bank account in the name of F on the 18th of the same month, and KRW 4,50,000 to the M bank account in the name of L on the 19th of the same month.

On the other hand, on July 19, 2018, the Defendant received and possessed the same in advance according to the direction of a person who was unable to receive the name.

After withdrawing KRW 4,500,000, which was deposited by the injured party to the above account by using the check card connected to L's M bank account, it was deposited into the account designated by the person in non-name.

As a result, the Defendant, in collusion with a person who is not aware of his name, acquired 7,790,000 won from the victim D, and acquired 9,790,000 won in total from the two victims, such as the previous list of crimes (1) on the same day.

(b) Any person who violates the Electronic Financial Transactions Act shall use or manage access media for a crime;

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