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Defendants shall be punished by imprisonment for one year.
However, as to the Defendants for two years from the date of the final judgment of this case.
Reasons
Punishment of the crime
The victims of the name misscams, by misrepresenting the victims by telephone to make a substitute loan at a low interest rate by misrepresenting them with the lending company and financial institution, are to commit the crime of telephone financial fraud by receiving cash from the victims to the third account in return for the repayment of the loan from the victims. The Defendants misrepresented the employees of the financial institution under the direction of the above misscamscams and received direct damage from the victims to the third account after receiving the victims' delivery of the direct damage amount, and subsequently, acquired the money through the so-called "cash receipt" method, and raised the money in order to distribute the money acquired through this to the third account.
Around July 7, 2020, the name-free person was confirmed to have applied for a substitute loan to the E Bank by telephone to the victim D on the following grounds: “The head of the E Bank FF team, who is the head of the Gu, may now make a substitute loan to the G Bank with 19% interest rate of 5.1% interest rate; and on July 8, 2020, another name-free person was confirmed to have applied for a substitute loan to the E Bank by telephone around July 8, 2020. Since it is possible to partially repay the existing loan to G Bank, it was sent to the employee sent by us in cash.”
However, in fact, the victims and the defendants were not employees of financial institutions, and even if they received money from the victims, they did not have the intent or ability to repay the existing loans, and only planned to acquire money from the victims.
Accordingly, at around 16:30 on July 9, 2020, the Defendants conspired to act as if they were the employees of the I organization, and received KRW 8 million in cash from the victim, and among them, 7:70,000,000,000,000 excluding the number of the Defendants and 3,000,000 won.