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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On January 20, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) on January 20, 2017, and on December 13, 2017, the execution of the sentence was terminated at the Seocheon Prison on April 12, 2018, and on August 9, 2019, the Incheon District Court sentenced six months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (competence) at the Incheon District Court for the violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on August 17, 2019.
【Criminal Facts】
성명불상자는 보이스피싱 범죄 조직원으로 국내의 불특정 피해자들에게 전화하여, 금융기관을 사칭하며 대환대출을 해주겠다고 피해자를 기망하고 조직원들에게 범행을 지시하는 역할, 피고인은 위 성명불상자가 위챗으로 하는 지시에 따라 타인의 체크카드 등을 받아 보관하다
In order to carry out the role of remitting money after withdrawing money by using the card, the defendant conspireds to deceiving others by using name scam and scam in order with the name scam.
1. On March 18, 2019, at around 10:00, the person who was unaware of the name of fraud told the victim B to “ACD agency, which may be able to provide a loan, shall be paid in full, and the existing loan must be paid in full, and it shall be repaid in connection with the E Bank’s personnel.”
However, the person who has failed to know the fact is not an employee of the financial institution, but there was no intention or ability to accept the repayment loan to the above victim.
On March 18, 2019, at around 15:09 on March 18, 2019, the nominal beneficiary transferred KRW 1,133,00,00 to F G account (H) in the name of the victim, and the Defendant was ordered to withdraw and transfer money from the nominal beneficiary at that time, and on March 18, 2019, the Defendant withdrawn KRW 5,960,00,000,00 from the money deposited to the account in the above F name at the point of this waters of the Seocho-gu Seoul Metropolitan Government I Bank located.
Accordingly, the defendant conspireds with the person who was not injured in name.