200 Highest 4497 Fraudulent

20 early 1998 Application for a remedy order

A

Park Young-young(s) and Lee Jong-il(s)

Attorneys Kim Young-deok (Korean)

B

December 23, 2020

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be subject to probation and shall be ordered to provide community service for 40 hours.

The defendant pays 5.1 million won to an applicant for compensation.

Criminal facts

Around 2020, May 200, the defendant reported and contacted job offer advertisements through the Internet at a place with no knowledge of the fact that the cash collected is damage caused by scam, and proposed a "cash collection scheme" to collect money from scams, with the knowledge of the fact that it is a "cash collection scheme", and consented to this, the name misjudgments the large number of unspecified victims by misrepresenting financial institutions, deceiving them, directly receive the damage amount from the victims, let the victims transfer the damage amount to the "cash withdrawal scheme", and the defendant acquired the money from the victims by receiving the "cash withdrawal scheme."

1. On May 12, 2020, the scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scamscamscam scamscam scamscamscamscam scamscamscam scamscamscamscams scamscamscamscamscams scamscamscams scamscamscams scamscamscams scamscamscams scamscamscams, scamscamscams.

On May 14, 2020, the Defendant issued 5,100,000 won in cash from the victim, following the following instructions: (a) in front of Seo-gu Incheon, Seo-gu, Incheon; (b) “I have been given the direction of the head of the F team.” (c) and “I have been given the direction of the head of the F Team,” and “I have been given the mobile phone as if I were the employee of the Financial Supervisory Service.”

Accordingly, the defendant was given property by deceiving the victim in collusion with his name or bad faith.

2. On May 27, 2020, the victim H expressed a false statement to the effect that the victim H calls to the victim H in a place where it is unknown on May 27, 2020, and misrepresenting him/her to make a low interest rate repayment loan. For a loan, the victim should pay part of the existing loan to the designated account. It led the victim to transfer the amount of KRW 4.87 billion to the L Bank account in the name of K, and the name in error (hereinafter referred to as "M") shall induce the victim to withdraw the amount of damage deposited to the said account by telephone to K on the same day and deliver it to the most employee, and on the same day, the defendant ordered the victim to receive money from K before the 162 office in calculating the amount of damage deposited to the said account.

피고인 위와 같은 지시에 따라 2020. 5. 27. 18:50경 위 산정동우체국 앞 노상에서 K을 만나 "K대리님, M님이 보내서 온 N대리입니다. M님에게 연락 받으셨죠, 돈을 받으러 왔습니다."라고 말하면서, K으로부터 그 계좌로 입금된 피해금 487만 원을 교부받았다.

As a result, the defendant was provided property by deceiving the victim in collusion with the name of the victim (M).

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the police statement to K; and

1. A copy of the H’s petition and statement;

1. Investigation report (including a statement, etc. accompanied by a copy of the victim's statement);

1. Investigation report (to hear the statement at K phone call of a witness);

1. An attachment of a CD, such as a message;

Application of Statutes

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

Articles 347(1) and 30 of the Criminal Act; the choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. Orders for compensation;

Articles 25(1) and 31(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Reasons for sentencing

The so-called Bophishing crime, like the crime of this case, is a crime of deceiving many unspecified victims in a planned and systematic manner by sharing roles, and has serious harm and injury inflicted on the victims and society. As such, even if the role of the participants or personal gains are not significant in order to eradicate it, it is necessary to punish them strictly in light of the fact that there is no other criminal record except for the crime of injury, and the damage does not have been recovered. However, the defendant is the horse withdrawal of Bophishing organization, the damaged amount is about 10 million won, and the damage amount is about 10 million won, and the defendant is under his father's slurfing with his father by avoiding violence around high school and living alone, and it seems that the defendant committed the crime of this case. The defendant currently committed the crime of this case in a 22th year old age, and the defendant needs to make a confession and recidivism of the social life of this case, rather than the social punishment of this case.

Judges Lee Jae-il