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(영문) 수원지방법원안산지원 2020.11.18 2020고단3862
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The organization of telecommunications-based financial fraud (hereinafter “scaming”) is an organization that falsely assumes an investigative agency by communicating a large number of unspecified persons with a telephone, etc. to the effect that “it is necessary to withdraw and deliver money in the account because it has been connected to a crime,” and commits a crime by using a false statement to the effect that “it is necessary to withdraw money in the account and deliver it to the employee of the Financial Supervisory Service.” It is operated in the form of an organization by making it difficult to track the phone to a large number of unspecified victims and transfer the money to a large number of unspecified victims, or take custody of the money at a certain place, or withdraw or collect the money transferred or stored, from the withdrawal book, or transfer the money received from the withdrawal book to a large account, or transfer it to another account without a passbook. In preparation for arresting the investigative agency, it is operated in the form of communication with each other by using a ‘scamphonephone’ or mobile phone caming system.

On September 20, 2020, the Defendant: (a) committed a fraudulent act by a scaming staff member, such as “B” (the name of the Kakakao Stockholm) who called an unspecified number of victims by phoneing to an investigation agency; (b) received money from an unspecified number of victims; and (c) received money from the victims in accordance with the victim’s instructions; and (d) received money from the victims to the account designated by the said member of the organization in the name of the victims by misrepresenting the “C agency” in advance; and (b) collected money from the victims to receive money from the victims on several occasions, and received money in return.

The conciliation staff in the above name is called the victim D by telephone from September 17, 2020 to the 18th of the same month, and there is a passbook in the name of the victim while misrepresenting the prosecutor E of the Seoul Central District Prosecutors' Office.

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