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(영문) 서울중앙지방법원 2020.04.22 2019고단7774
범죄단체가입방조등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On July 26, 2019, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Telecommunications Business Act, and 2 years of suspended execution on August 3, 2019 at the Ansan Branch of the Suwon District Court.

【Criminal Facts】

1. Facts of premise;

A. A. Around August 2017, a person who has failed to establish a plan for organizing the organization of the phishing criminal organization (hereinafter “Sphishing criminal organization”) planned the crime of “Sphishing” to receive money from the employees of the Financial Supervisory Service by falsely assuming the investigative agency, such as the prosecutor, etc., in China, to use the account under his/her own name, to explain whether the account is related to the pertinent case, after withdrawing all of the money from the account in order to directly explain the existence of a criminal relationship with the pertinent account, and then confirming whether it is related to the instant case, and then making up an organization for the purpose of the said crime.

B. According to the above crime plan, “B” is equipped with physical facilities, such as installation of books, chairs, Nowon-gu computers, Internet telephone, etc., by leasing several apartment complexes located in the Gewn in China at the above time, and using them as well as the staff of the office and the staff.

C. In operating a call office as above, “B” proposed to invite persons to work by misrepresenting themselves at the call center with investigation agencies, and C et al. shall have access to the surrounding people and make it possible for them to pay a lot of money if they receive a call in China,” and by suggesting that “B et al. may impose a lot of money if they receive a call in China,” and by providing them with a lodging room.

The term "B" of assistant staff's management and education is divided into a mentor's method of communicating with investigative agencies, such as a prosecutor, etc., and allows new assistant staff to suggest it.

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