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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
Reasons
1. In full view of the circumstances and attitudes of the instant crime, and the Defendant’s cell phone text messages divided by the name-oriented and mobile phone, it should be deemed that the Defendant, while recognizing the fact that his act is related to the scaming crime, didlusently accepted the fact.
However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.
2. Determination
A. The summary of the facts charged of the instant case and the telephone financial fraud (hereinafter referred to as “singinging”) committed by the Defendant and the victim’s name-based telephone financial fraud (hereinafter referred to as “singinging”) committed a crime by misrepresenting a prosecutor or prosecutory investigator to unspecified number of victims in Korea, and by deceiving victims to use the account in the name of the victim, and allowing them to withdraw money from the victims at a fixed place. The Defendant, through the “D” for cellular phone-based printing (hereinafter referred to as the “D”), made the victims to receive money from the victims by receiving instructions from the victims and delivering the money to the singing staff.
1) On May 28, 2018, at the expense of 10:30 on May 28, 2018, the Defendant misrepresented the investigative agency by phoneing the victim C with a false statement to the effect that “I shall open a passbook in the name of the victim C, and protect the money deposited in the passbook due to the use of the passbook in committing the crime, I shall withdraw all the money deposited in the passbook, and deliver it to the employee before the Financial Supervisory Service of the Eth 5-2, Eth, Eth, Eth, Eth, Eth, and then let the victim withdraw KRW 6.9 million from the account of the victim’s Nonghyup Bank, and let the victim go to the front street in the name of the victim in Seocho-gu, Seoul. The Defendant was ordered by D through D to receive from D’s name-free winners (D’H’), and at around 16:00 on the same day.