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(영문) 서울중앙지방법원 2018.10.18 2018고단2733
전기통신금융사기피해방지및피해금환급에관한특별법위반등
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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The organization of telecommunications financing fraud, which belongs to the violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, and the merchant line called “B,” etc. called “B,” will allow an unspecified number of victims to lend or substitute loans by phone;

It is an organization composed of telephone inducement team, crime account, and head of the Tong recruitment team that solicits the check-up card by fraud means, etc., and a withdrawal team that withdraws the amount of damage deposited into the crime account and deposits into the organization.

On April 1, 2018, the Defendant received a proposal from the aforementioned “B” to withdraw the amount of damage caused by the crime of telecommunications fraud and deposited the amount into the account designated by the said “C” and intended to receive 5% of the withdrawn amount from the account, and conspired with the Defendant in sequence with the employees of telecommunications fraud mediation, such as the above “B,” to work as the withdrawn team.

According to the above public offering on April 6, 2018, the above telecommunications financing fraud incentive team, at a place where the location cannot be known, will be allowed to obtain loans from the victim D by posting a telephone at a place where the location cannot be known.

A false statement to the effect that “money is deposited in the account designated for granting approval for a loan,” and its member received a total of 2,4420,000 won from April 6, 2018 to April 12, 2018, by requiring the victim to remit 2,50,000 won to the F Bank Account (Account Number: G) in the name of E on April 10, 2018, and from April 10, 2018 to April 9, 2018, and the Defendant was given a delivery from an employee of telecommunications fraud in the name of the Defendant on April 10, 2018.

E-on the check card in the name of E, withdrawn 2.5 million won from the said F bank account and offered 5% of the withdrawn amount and remitted the remaining money to the account designated by the said “B”.

The Defendant along with the foregoing “B” and other employees engaged in telecommunications financing fraud on April 6, 2018.

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