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(영문) 서울남부지방법원 2020.07.09 2019가단243141
손해배상(기)
Text

1. Defendant B and D jointly share with the Plaintiff KRW 23 million and their relation thereto from May 29, 2019 to July 9, 2020.

Reasons

1. Basic facts

A. Defendant B, who was sentenced to a maximum of one year and four months of imprisonment on October 16, 2019 and a short of one year and one year of imprisonment on a short-term basis (Seoul District Court 2019No1566), appealed from the above judgment and was sentenced to a maximum of one year and two months of February 7, 2020, and a short of ten months of imprisonment (Jan District Court 2019No3078), and the above appellate judgment became final and conclusive on February 15, 2020.

On May 2018, when operating a call financial fraud group as a call center at a place where it is not known to a police officer, Defendant B conspiredd to acquire money by using the so-called “scam” method by taking charge of the role of managing and recovering funds in the form of a cash, money exchange book, etc., and Defendant B promised to receive a hand-off fee, and in return for joining the staff of the Financial Supervisory Service under the direction of the victim and directly receiving money from the victim.

On May 28, 2019, on the part of 12:50 on May 28, 2019, the name omittedist called "the Seoul Central District Public Prosecutor's Office, which is the prosecutor of the Seoul Central Public Prosecutor's Office, and the bank account was used in relation to the illegal use of the bankbook. It is necessary to conduct a financial investigation. It is necessary to ascertain whether the money in the bank account is involved in the crime of the money in the bank's account, so that the victim withdraws 970,000 won from the bank passbook." After allowing the victim to withdraw 9970,000 won from the bank, the victim made a false statement as "the bank is a one of the members of the Financial Supervisory Service to check the serial number of the withdrawn

However, in fact, the account of the victim was not subject to criminal investigation, and the defendant B was not an employee of the Financial Supervisory Service, and the person who received the above remarks was committed with the intent of acquiring money from the victim by using the so-called "Sphishing" method.

After that, at around 15:55 on the same day, Defendant B is in front of the J Elementary School located in Gangnam-gu Seoul Metropolitan Government I, the Financial Supervisory Service.

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