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(영문) 수원지방법원 안양지원 2016.11.29 2016고단1317
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud on July 27, 2016 is acquitted.

Reasons

Punishment of the crime

The telephone financial fraud organization has established a domestic or foreign call center to commit the act of loan fraud, conditions, and fraud. The organization is an organization that causes enormous damages to victims by means of collecting personal information of others and making false remarks in the name of telephone call, leakage of personal information, and lending by misrepresenting the prosecutor's office, police financial institution, etc., and then receiving money from victims or using the means of delivery and withdrawal of money directly from victims. The organization is an organization that administers call centers, account solicitation and withdrawal and delivery of money to be used for the crime, management of call centers that instruct the victims to collect and withdraw money from the deposited passbook, and management measures that manage the account solicitation and withdrawal and delivery of money from the deposited passbook or receive and deliver money from the victims.

According to the division of roles as above, on July 28, 2016, the telephone financial fraud assistance officers: (a) reported text messages related to loans sent by the organization in the absence of the intent or ability to allow the victim C to obtain loans; and (b) falsely speaks that “The NA Bank and Hyundai Capital Bank will allow the victim, who was walkinged with the phone, to obtain loans of KRW 45 million at a rate of 3.8% per annum; and (c) then, “the contact will be changed after obtaining loans from the maximum amount of loans from the SBI Savings Bank and Hyundai Capital.”

8. 4. The victim received a loan from the two financial institutions and received the contact from the victim, and then deposited KRW 30 million to the company bank account (E) account in the name of D that the victim designated on the same day at around 11:18 on the same day.

The Defendant, from around 09:00 on the same day, was transferred to him/her with an instruction from his/her officers, and was transferred to him/her at around 13:15 on the same day, and the said account was in the vicinity of his/her human resources in Gyeyang-si.

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