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(영문) 서울서부지방법원 2013.11.14 2013고단2585
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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 telephone financial fraud organization assumes false phone calls from the government agency, or manages the call center, the organization, and the head of the organization who ordered the victim to transfer the money to the so-called large passbook account prepared in advance by visiting the child kidnapping or lending, and share the roles of the victim, such as the "col center", "coline", "col for soliciting the passbook, etc. to be used in committing the crime, and the "col for withdrawing the amount of damage", and is operated in the form of an occupation organization in preparation for arrest.

On August 8, 2013, the Defendant conspireded to take the role of withdrawing and delivering the so-called “Singing,” the amount of damage from the “Singing,” using another’s name, such as a passbook, etc., in accordance with the direction of a person who was named and unclaimed in the name of the telephone financial fraud organization, and then came to withdraw the amount of damage from that time.

1. On September 25, 2013, a false statement stating that “A person who was named in the call center” calls from the victim F to “the victim F, so it is possible to grant a loan if 70,000 won or more are remitted, since 37 inquiry records about the lending business entity, such as Rusnbnsh, etc., have no longer been available,” and that it was transferred from the victim to the agricultural bank account in the name of G on the same day.

The Defendant, at the direction of the one-day telephone financial fraud organization, immediately withdrawn the above amount of damage deposited into the above account using the physical card in the name of the above G in accordance with the direction of the person who was not killed in the name of the above G, and acquired the total amount of KRW 9,634,00 from five victims about six times in collusion with the above person who was killed in the name on the same day, as shown in the list of crimes (Fraud) on the same day.

2. The Defendant in violation of the Electronic Financial Transactions Act takes over on September 23, 2013, under the direction of a person who was not entitled to the name of the telephone financial fraud organization, one of the agricultural financial card in the name of G from the person who was not injured.

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