(영문) 의정부지방법원 고양지원 2020.5.8. 선고 2020고단616 판결

The organization of telecommunications-based financial fraud (hereinafter referred to as "scam") shall be comprised of total books, deceptions, management measures, cash collection measures, etc.; the organization shall play the role of organizing and managing the deceptions, management measures, cash collection measures, etc.; the deception measures shall play the role of falsely speaking that many unspecified victims misrepresenting from telephone calls to the investigation agency, leading them to lead them to transfer the amount of damage funds from victims or to deliver the amount of money in the passbook to the Financial Services Commission, etc.; the management measures shall play the role of soliciting cash collection measures and informing them of the victims or other cash collection measures, the location of delivery, victims, or other cash collection measures, and the account to transfer the money received from the victims or other cash collection measures; and the cash collection measures shall play the role of remitting the amount of damage funds to the account or ordering them to withdraw the money from the account that was remitted to the victims or other cash collection measures.

피고인은 2020. 2. 5.경 중국 유학생들이 이용하는 휴대전화 어플리케이션인 "풍도제한국"에 아르바이트를 구한다는 내용의 글을 게시하고, 이를 보고 휴대전화 어플리케 이션인 '위챗'을 통하여 연락해온 관리 책인 성명불상자(위챗 아이디 "B")로부터 '내가 지시하는 장소로 이동하여 상대방으로부터 돈을 받은 뒤 내가 '위챗'으로 알려주는 계좌번호와 주민등록번호를 이용하여 무통장 입금을 하여주면 1건당 15만원 내지 20만 원을 지급하여 주겠다.'라는 내용의 제안을 받고 이에 응하여, '위챗'으로 지시를 받으며 장소를 이동하여 현금수거책의 역할을 하기로 하여 위 성명불상자 등과 함께 각자의 역할에 따라 전기통신금융사기 조직의 사기 범행을 범할 것을 순차 공모하였다.

1. Forgery of an official document;

성명불상의 보이스피싱 조직원은 불상의 일시, 장소에서 컴퓨터를 이용하여 '금융범죄 금융계좌추적 민원(2020 형제 3856호), 귀하께서 금융감독원에 제기하신 금융 계좌추적 민원 <2020 형제 3856)에 대한 답변입니다. 금융위원회는 금융계좌추적 관련 주요 조치 및 협조 공문에 따라 금융위원회가 해당 서울중앙지방 검찰청 담당 검사 및 수사관에게 금융계좌추적을 실시할 수 있도록 지도하였습니다. 금융위원회는 귀하의 금융에 계좌추적을 통해 대포통장 및 불법자금에 대해 계좌추적을 할 것이며 계좌 추적 후 불법계좌 및 불법 자금 확인 시 금융법 27조 3항에 따라 동결처리 및 국고 환수조치가 될 것이고 계좌추적을 통해 귀하의 계좌에 투명성을 입증시켜 드릴 겁니다. 금융위원회는 금융법 19조 7항에 따라 국가 안전 보안계좌 코드를 발급해 드릴 것이며, 귀하의 금융자산을 추적 감독 후 안전하게 원상복구 시켜드릴 겁니다.1) 금융위원회는 귀하의 피해자 입증시 금융자산보호신청서를 발급해드릴 것이며 발급 시 금융감독원에서 보호조치를 하게 되고 차후 2차 3차 피해 발생 시 예금자보호법령에 따라 최고 5천만 원까지 보상이 이루어지게 됩니다.'는 등의 내용을 작성하고 그 말미에 금융위원회위원장의 기명과 직인 이미지를 첨부하는 방법으로 금융위원회 공문 파일을 제작하여 2020. 2. 8.경 '위챗'을 통해 피고인에게 전송하였다.

On February 12, 2020, the Defendant printed out the files in the name of the Chairman of the Financial Services Commission, which were transmitted in the name of the Chairman at D University E located in Dongdaemun-gu, Seoul, on the same day, from around February 12, 2020 to A4 by using a printed printer.

As a result, the defendant, in collusion with the above assistant employees, forged Chapter 9 of the "Civil Petitions Tracking Financial Account under the name of the Chairperson of the Financial Services Commission, which is an official document without authority."

2. Forgery of private documents;

성명불상의 보이스피싱 조직원은 불상의 일시, 장소에서 컴퓨터를 이용하여 '채무변제확인서(상환확인증명서), 채권자 상호: F, 채무자 성명 G2), 상기 채무자 G(을)은 채권자 F(갑)에게 2020년 2월 28일 일금 천삼백만원(₩13,000,000)원을 상환하였음을 확인합니다.'는 등의 내용을 작성하고 그 말미에 F 주식회사3)의 기명과 그 직인 이미지를 첨부하는 방법으로 문서 파일을 제작하여 2020. 2. 28.경 '위챗'을 통해 피고인에게 전송하였다.

On February 28, 2020, the Defendant printed out the files in the name of F Co., Ltd. in the name of F Co., Ltd., which had been transmitted as above, to A4 form by using a printed source, at the same time, around February 28, 2020, using the printed source.

As a result, the defendant, in collusion with the name singinging staff, forged two copies of "a letter of debt repayment under the name of F Co., Ltd., a private document concerning rights and obligations without authority for the purpose of exercising them."

3. Fraudulent or uttering of forged official documents;

On February 25, 2020, at around 08:30 on February 25, 2020, the employee in the name light of the name light calls from the victim by misrepresenting himself/herself to the J prosecutor and the staff of the Financial Supervisory Service, and then arresting the company of K who committed the crime. It is necessary to confirm whether the account is involved in the above crime. Accordingly, it is necessary to obtain a loan of KRW 100 million and find it in cash, and then deliver it to L who is an employee of the Financial Supervisory Service." Accordingly, he/she made the victim borrow KRW 100 million from M Co., Ltd. and then withdraw KRW 50 million from the loan to the victim in cash and enter it into the front way of the O elementary school located in Pyeongtaek-si N.

around 19:00 on February 25, 2020, the Defendant presented to the victim a document under the name of the Chairperson of the Financial Services Commission, which was forged, as described in paragraph (1), at the above location, and committed as if he/she was an employee of the Financial Supervisory Service, and received 50 million won in cash from the victim.

As a result, the Defendant conspired with the employees of singinging from name in collusion, thereby deceiving the victim, and received 50 million won in cash from the victim, and presented the document as if the document was a document prepared in a genuine manner under the name of the Chairperson of the Financial Services Commission, which is a forged public document, to the victim.

4. Fraud;

(a) Crimes against victims P;

At around 12:00 on February 11, 2020, the Defendant misrepresented Q bank staff to use the phone, thereby making a substitute loan at a low interest rate if it redeems 50% of existing loans. It falsely speaks that “I will deliver the thesis repayment to be appointed as an employee in cash. I will deliver it in cash. I will deliver it to the victim in cash.” The Defendant released 6 million won to the victim in cash and made the victim enter into the real estate of S. located in r.e., in e., in e., in e., the Defendant.

The Defendant arrived at the above place around 18:50 of the same month, according to the direction of the above staff, and took place as if Qa Bank’s agent, and received KRW 6 million in cash from the victim.

As a result, the Defendant conspired with the employees in charge of scaming, thereby deceiving the victim as above, and received 6 million won in cash from the victim.

(b) Crimes against the victim T;

Around February 24, 2020, the above name omitted employee misrepresented the victim T with U employee and V bank staff and opened a telephone, and then, “it is possible to make a substitute loan from U to a bank when it redeems the existing loan. It is a violation of the Financial Transactions Act to attempt to obtain a new loan without repaying the existing loan. It is a violation of the Financial Transactions Act. It is a violation of the said Act.” The above false statement stating that “Theme repayment to be sent to V bank employees is a cash delivery.” The victim withdraws KRW 12,450,000 to the victim in cash and let the victim go to the X convenience located in Gwangju City.”

The Defendant arrived at the above place around 18:00 of the same month on the 25th day of the same month, and went as if he/she was an agent affiliated with V Bank, and received KRW 12.45 million in cash from the victim.

As a result, the Defendant conspiredd with the employees in charge of scaming, thereby deceiving the victim as above, and received 12.45 million won in cash from the victim.

(1) The crime of February 25, 2020

On February 21, 2020, from February 21, 202 to the 25th day of the same month, the employee of the above name light was misrepresented by misrepresentation of U and Z bank staff and made phone calls, and then, “it is possible to make a substitute loan from U to the Z bank if the existing loan is repaid to the Z bank. It can be seen as a collection law. It is possible to directly exchange the Z bank staff with a low interest rate of U.S., and it is possible to directly deliver the Z bank staff with a redemption of KRW 20 million,00,000 to the victim in cash, and it was allowed the victim to withdraw KRW 20,000,000 from the victim’s residence.

The Defendant arrived at the above place at around 15:00 on the same day as a proxy belonging to the Z bank, and was found to have received KRW 20 million in cash from the victim.

As a result, the Defendant conspired with the employees in charge of singinging the name and received 20 million won in cash from the victim by deceiving the victim as above.

(2) A crime of February 28, 2020

At around 16:00 on February 26, 2020, the above name omitted employees called the victim's misrepresentation of AC bank staff and called the telephone, and then "it is expected to be discovered through illegal collection and to be a provisional attachment at the bank, card, and house." The phrase "I will deliver 17 million won to the employee who will be assigned to AC bank staff." The phrase "I will deliver 17 million won to the employee", and then, I would like to withdraw 17 million won to the victim in cash and let the victim go to the AA apartment parking lot at the time of strike, which is the residence of the victim."

The Defendant arrived at the above place around 14:00 of the same month on the 28th day of the same month, and took place as a proxy of the LAC Bank, and received KRW 17 million in cash from the victim.

As a result, the Defendant conspired with the Defendant’s personal scaming assistance staff, by deceiving the victim as above, and received KRW 17 million from the victim.

(d) Crimes against AD;

On February 202, 2020, the employee of the above name scam scam scam scam scam scam scam scam scam scam scam scam from U to scam scam scam scam scam scam scam scam scam scam scam scamscam scam scamscam scamscams

The Defendant arrived at the above place around 13:00 of the same month on the 26th day of the same month, and took place as U’s agent, and received KRW 35 million in cash from the victim.

As a result, the Defendant conspireds with the employees in charge of scaming, thereby deceiving the victim as above, and received 35 million won in cash from the victim.

5. Attempted fraud.

On February 28, 2020, the employee of the above name scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scamscam

The Defendant arrived at the above place at around 15:30 of the same day and tried to receive KRW 8 million in cash from the victim as if he/she was an employee of the AC Bank. However, upon reporting by the victim, the Defendant was arrested in advance to the police officer who was divingd in the surrounding area and did not bring about such intent.

Accordingly, the defendant, in collusion with his name-free scaming assistance staff, had attempted to deceiving the victim and receive the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about Y, AD, T, I, and P;

1. A statement of transactions by account, a statement of transactions by account, a statement of accounts, a statement of accounts from each victim Y, a copy of passbook, a statement of financial transactions, a statement of account by account, a written confirmation of transaction by electronic financial transfer, a copy of passbook, a copy of passbook, a written confirmation

1. Each protocol of seizure and each list of seizure;

1. 휴대폰 촬영 사진, 피해자 Y 휴대폰 촬영사진, 위챗 대화내용 촬영 사진, 위조서류 촬영 사진, 피해자가 촬영한 사진

1. A report on the analysis of digital evidence;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 225 and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37, 38(1)2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48(1)1 and 2 of the Criminal Act

Reasons for sentencing

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] 02. Systemal Fraud [Type 2] 100 million won or more, and less than KRW 500 million

* Inclusion of the amount of profit according to the method of processing the same concurrent crimes

【Special Convicted Persons】

○ Reduction element: A case where simple participation, punishment is not granted, or substantial damage is recovered;

○ Aggravations: Where a crime was committed against an unspecified or large number of victims or repeatedly over a considerable period of time.

* Crimes on documents accompanied by fraud shall not be treated as multiple crimes, but considered as sentencing factors.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

3. Determination of sentence;

The Defendant took part in the organized crime and committed the crime of forgery, fraud, and the Defendant, as a collection method, forged and exercised official documents and private documents in the process of collecting and taking money from the victims, and misrepresented another person. In light of the method, circumstance, and consequence of the crime, the nature of the crime is not good in light of the fact that the scope of damage caused by the crime of this case is not small, the Defendant’s liability for the crime of this case is not easy.

However, the facts charged are recognized and reflected by the Defendant, the victims of the crime wished to take the Defendant’s wife by mutual consent between both the victims of the crime and the victim of the crime, the Defendant’s primary crime without any criminal records, the Defendant’s profits derived from the crime do not seem to exist much, and the Defendant is currently taking into account the circumstances favorable to the Defendant, such as the fact that the social ties relationship is obvious as of the beginning of the society, and the punishment is determined as ordered by taking into account various sentencing conditions specified in the argument of the instant case, such as the character and behavior, health status, family relationship, means and consequence of the crime, and circumstances

Judges

Judges Doh-young

Note tin

1) The indictment shall be written in the form of ‘d' and written indictment, but it shall be corrected and stated as a clerical error of ‘ber' (the investigative record 338 pages).

2) The written indictment is written as ‘H', but it is corrected as a clerical error in ‘G' and stated (in the investigation record 347 pages).

3) The written indictment is written as F, but it is corrected and recorded as a clerical error of F Co., Ltd. (the investigative record 347 pages).

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