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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Telecommunications financial fraud crime (the so-called “phishing” fraud crime) is a crime of obtaining money from victims to an unspecified number of victims by falsely pretending them to a financial institution, etc. by inducing them to transfer or deliver money without permission. It is committed in the form of a high-level organization by sharing roles among unspecified victims, such as: (a) staff of inducing victims by misrepresenting them to a large number of victims, (b) staff of inducing victims to receive money from victims, (c) staff of inducing victims to receive money from victims, and (d) staff of receiving money from victims, and (e) staff of delivering money from victims to others.
On October 13, 2020, the Defendant: (a) conspiredd to commit an act of collecting cash from the victim by receiving a proposal from an employee to engage in the illegal telephone financial fraud crime; (b) and (c) conspired to commit an illegal telephone financial fraud crime with an employee to engage in the illegal telephone financial fraud.
On October 14, 2020, the nameless person who is the cause of the organization of the telephone financial fraud crime was influence to the effect that he would give a loan to the victim B who applied for the loan at an interest rate of KRW 60,000,000,000 from an employee of the same organization, and that he would give a loan to him at an interest rate of KRW 3.5%," and he misrepresented him as the director of the bank D and applied for the loan to E as the violation of the Financial Transaction Act.
C If repayment of 20 million won, which is a part of the balance of loans to banks, is made first, it would be possible to proceed with the above loan that was continued in E.
“A false statement” was made.
However, in fact, the above-mentioned persons were not employees of financial institutions, and there was no intention or ability to provide loans to the victims.
Nevertheless, the above person who did not know the name of the victim, and caused the victim to withdraw the cash amount of KRW 20 million in the name of the repayment for the existing loan.