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(영문) 부산지방법원 2014.02.05 2013고단6389
사기
Text

Defendant

A Imprisonment for three years, Defendant B, C, and E, with prison labor for one year, and Defendant D with prison labor for eight months, Defendant F, G, and H.

Reasons

Punishment of the crime

The Defendants established a telephone financial fraud call center and conspired to acquire money from an unspecified number of people under the pretext of loans, such as one Capital and Nonghyup Capital, and fees for raising the credit rating. Defendant A established a call center to exercise overall control over the organization, Defendant B withdraws the money acquired, Defendant B withdraws the money, and performs an intermediate management role in managing personnel and customer information. Defendant C takes charge of customer information and computer equipment management, takes charge of deposit withdrawal, and Defendant D, E, the same E, F, G, and H called a counselor to induce loans from an unspecified number of victims.

Accordingly, on March 19, 2013, the Defendants also obtained the customer name team and telephone number (one name DB, database) containing the victim M from the injured party in Busan-gu L Building 601, Busan-dong, Busan-gu, and Defendant B falsely stated that Defendant B received the aforementioned DB from the injured party and again divided it into Defendant D, E, the same E, F, and H, the counselor, and one of the counselors sent a credit rating to the injured party by telephone.

However, the defendants did not have the intent or ability to lend to the victim.

As a result, the Defendants conspired, by deceiving the victim, and then deceiving him from the victim, to the national bank account (O) in the name of N Co., Ltd., the amount of KRW 5,000,000.

In addition, from November 5, 2012 to March 22, 2013, the Defendants’ crime list Nos. 16, 17, 23, 26, 27, and 28 of the attached list of crimes: Provided, That the defrauded account Nos. 16, 17, 26, 27, and 28 of “(State X NewcomY)” (No. 368), and the date of the crime No. 22 of “No. 14, 2013” (No. 382 of the investigation record) and No. 24.

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