2020 Highest 5419, 2021 Highest 612(combined) Fraud

A, 1962 N, South and North

Residence

Reference domicile

Term of Office (prosecution), Escarg (Public Trial)

Attorney Cho Dong-dong (Korean)

April 8, 2021

A defendant shall be punished by imprisonment for two years.

Seized evidence 2 through 21 shall be confiscated.

Punishment of the crime

"200 Highest 5419"

The members of the singishing operations of the victims who wish to obtain a loan from the victims who wish to obtain a loan by telephone, and misrepresenting them to repay the existing loan at a low interest rate. In order to obtain a loan from the employees sent by us by withdrawing cash, i.e., to repay the existing loan at a low interest rate, or to obtain a new loan with an existing loan at a low interest rate, i.e., to repay the existing loan at a low interest rate. Inasmuch as the violation of the Act on Real Name Financial Transactions is a violation of the Act, i.e., to immediately repay the existing loan in cash.., the Defendant provided a false statement that “the current loan is a violation of the Act on Real Name Financial Transactions,” and the Defendant provided a false statement to the victims who want to obtain a cash from the victims and then divide it at a KRW 1,00,000,000 by dividing it into the passbook.

1. Fraud against the victim B;

On November 19, 2020, the name-free person misrepresented the Cub Capital staff by telephone at an irregular place, and falsely speaks to the effect that "the victim B is entitled to grant a loan to the Government-funded fund by installing a mobile phone and sending it to the Kakakao Stockholm because it is possible to grant a loan at low interest," and then confirmed the details of the victim's existing loan by having the victim install the above display on the mobile phone. The other name-free person misrepresented by telephone that the victim was the ordinary people of the D Savings Bank's employees who had already been granted a loan by telephone, and the victim applied for a loan to another institution within three months from the time the victim was granted a loan from the low-income company, and thus, constitutes a violation of the Financial Transaction Act. It constitutes a violation of the Financial Transaction Act. If the principal is not repaid on the day, it is registered as a credit-free person, and is attached to the workplace."

However, there was no intention or ability to repay the existing loans of the victim even if the victims received money from the victim because the victims were not employees of the CF capital and DB.

On November 20, 2020, in accordance with the direction of the persons who have failed to receive the name, those who have been killed in the name, deceiving the victim and let the victim withdraw the cash, and the defendant received KRW 7,00,000 in cash from the victim, on November 20, 2020, under the direction of the persons who have failed to receive the name, the victim was able to do so before the branch of the FF Agricultural Bank in Yangsan-si E, Yangsan-si, as if the victim was an employee of the Korea Savings Bank.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

2. Fraud against victim G;

On November 30, 2020, when misrepresenting the H bank staff by telephone at an insular location, the person instigious statement was made to the effect that "the victim G is entitled to lend funds at low interest and to install a mobile phone and apply for a loan to the Kakaox," and that it was false to confirm the details of the victim's existing loan by allowing the victim to install the above-mentioned display on the mobile phone, and the other instigious statement was made by misrepresenting the victim to the H bank where the victim had already been granted a loan by telephone, and the other instigious statement was the victim to the effect that "the victim applied for a substitute loan to the H bank." Since the existing loan was not repaid and applied for a loan without paying the existing loan, it was the violation of the contract. It was the violation of the contract. The current loan was withdrawn in cash and our employee sending the loan to Korea."

However, there was no intention or ability to repay the existing loans of the victim even if the victims received money from H Bank and I Capital because the victims were not H Bank and I Capital.

On December 2, 2020, at around 15:00 on December 2, 2020, under the direction of the person who was unable to receive the name, the victims could be urged to prepare the cash, and the defendant would be given a written confirmation of debt repayment under the name of I Capital to the victim as if the victim was an I capital employee at the front of the J building in Yangsan-si. It was sent by the head of ○○○○○○○○○○○○○. The letter of debt repayment under the name of I Capital was issued to the victim and then received KRW 21,112,00 in cash from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

3. Fraud to K of a victim;

On November 2, 2020, when misrepresenting himself/herself as a staff member in charge of lending H bank loans by telephone at a Haman's non-permanent location, he/she falsely makes a false statement to the effect that "if a high interest rate loan exists, he/she is able to grant a low interest rate loan, he/she shall obtain a refund loan." Kakao Stockholm shall be installed in a mobile phone and apply for a loan." The victim shall have the victim install the above display on his/her mobile phone and have the victim install it on his/her mobile phone, and then again, on December 2, 2020, he/she obtains a loan of KRW 40 million from the victim by telephone.

It made a false statement to the effect that us will deliver 20 million won to the employee sending us the existing loan.

However, since the person who was not a H bank employee, even if he received the money from the victim, he did not have the intent or ability to repay the existing loan obligations of the victim with the money.

On December 2, 2020, in accordance with the direction of the person who has failed to obtain the name, the person who was unaware of the name, deceiving the victim as above and let the victim prepare the cash, and the defendant, on December 11, 2020, issued 20,000 won in cash from the victim, “○○○○○ Bank,” stating, “The victim was able to see that the victim was an employee of H bank in front of the LA building at Yangsan-si.”

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

4. Fraud against the victim M;

On November 22, 2020, when misrepresenting the H bank staff by telephone at an insular location, the person instigious statement was made to the effect that "the victim M makes a false statement to the effect that "the applicant shall install a mobile phone and apply for a loan because it is possible to grant a low-interest loan," and that it was confirmed the details of the victim's existing loan by having the victim install the above-mentioned display on the mobile phone, and the other person instigious statements that "the applicant instigious name will make an application for a loan without repaying the existing loan to the victim." The other person instigious statement that "the applicant shall withdraw the existing loan in cash and pay it to the employee sent by us."

However, there was no intention or ability to repay the existing loans of the victim even if the victims received money from the victim because the victims were not the H Bank and the D Savings Bank employees.

The victims of false names, as above, deceiving the victim and let the victim prepare cash, and the defendant was issued 20,000,000 won in cash from the victim, on November 24, 2020, under the direction of the victims of false names, around November 24, 2020, under the direction of the victims, as if the victim was an employee of the New Elementary School in Busan, the District Court of the Republic of Korea (NG) and as if the victim was a staff member of the D Savings Bank in the name of the D Savings Bank.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

5. Fraud against victimO;

On November 25, 2020, the name-free person misrepresented the delay of the P bank staff by telephone at an unsound place. On November 25, 2020, the victim made a false statement to the effect that "I will refund 14 million won to Qa Bank's existing loans to Qa Bank in low interest through our employees sending us."

However, since the person who was not a member of the P bank was not a member of the P bank, even if he received the money from the victim, he did not have the intent or ability to repay the existing loan obligations of the victim.

As above, the person who was unaware of the name was accused of the victim and caused the victim to prepare the cash, and the defendant was carried out in the guard room of the Cheongju-si, Cheongju-si, as if the victim was an employee of Q Bank, at around 18:00 on the same day according to the direction of the person who was unable to obtain his name, and was issued 14,00,000 won in cash from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

6. Fraud of the victim T;

On December 1, 2020, the name-free person misrepresented the victim T by telephone to the effect that "the applicant for the loan is made by installing a sign board which makes it possible to lend at low interest rates to the mobile phone", and then confirmed the details of the existing loan of the victim by allowing the victim to install the above sign board on the mobile phone, and the other name-free person misrepresented the victim by telephone, and applied for the loan to another place without repaying the existing V Capital loan of the victim. If the victim wants to receive the loan normally, he/she falsely stated that "the loan is immediately repaid in cash."

However, since the bearers did not receive money from the U Savings Bank and V capital, they did not have the intent or ability to repay the existing loans to the victims even if they received money from the victims.

As above, the persons who have failed to name may deceiving the victim and have the victim prepare cash, and the defendant received 10,000,000 won in cash from the victim, on the front side of the Changwon-si, Changwon-si, in accordance with the direction of the person who has failed to name, that "I have received money in the name of ○○○○, and I have received 10,000 won in cash from the victim."

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

7. Fraud to victim X;

On December 2, 2020, at around 09:56, the name-free person misrepresented the victim X by telephone to use a Y bank staff at a non-place, and falsely made a loan to the effect that “30 million won at a 2% interest rate.” The name-free person made a false statement to the effect that the existing loan amounting to KRW 7.5 million in H bank was paid through the staff sent by us.”

However, since the person who was not a Y bank employee was not a Y bank employee, there was no intention or ability to repay the victim's existing loan obligations with the money even if he received the money from the victim.

As above, the victims of false names were accused of the victim and let the victim prepare cash, and the defendant was issued KRW 7,500,000 in cash from the front of the Z building in the old-si city around 14:00 on December 3, 2020 as if the victim was an employee of the Y Bank.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

"2021 Highest 612"

The members of the singishing operations of the victims who wish to obtain a loan from the victims who wish to obtain a loan by telephone, and misrepresenting them to repay the existing loan at a low interest rate. In order to obtain a loan from the employees sent by us by withdrawing cash, i.e., to repay the existing loan at a low interest rate, or to obtain a new loan with an existing loan at a low interest rate, i.e., to repay the existing loan at a low interest rate. Inasmuch as the violation of the Act on Real Name Financial Transactions is a violation of the Act, i.e., to immediately repay the existing loan in cash.., the Defendant provided a false statement that “the current loan is a violation of the Act on Real Name Financial Transactions,” and the Defendant provided a false statement to the victims who want to obtain a cash from the victims and then divide it at a KRW 1,00,000,000 by dividing it into the passbook.

On December 1, 2020, when misrepresenting H bank loan staff at a 10:0,00, the name-free person misrepresented the victim AA to the effect that "the victim shall set up a mobile phone with 1.8% interest rate of 52 million won and send 52 million won to the Kakakaok as possible for loans and apply for loans." The victim confirmed the details of the victim's existing loan by having the victim install the above display to the mobile phone, and the other name-free person misrepresented the victim's staff to the debt collection team where the victim had been granted the existing loan by telephone, and the victim violates the existing loan terms and conditions. If the victim applied for the loan at another place, the loan must be transferred to the legal team due to the violation of the Financial Transactions Act, and the expenses must be borne by the customer. The last day of the month is seized, and the amount of credit is not paid."

However, there was no intention or ability to repay the existing loans to the victim even if the victims received money from the victim because the victims were not H Bank and AB lending employees.

The victims of false names, as above, deceiving the victim and let the victim withdraw the cash, and the defendant, at around 16:00 on December 4, 2020, under the direction of the victims of false names, took place in front of the AB loan road in the Daegu Northern-gu AC restaurant around 16:0 on December 4, 2020, as the victim was an employee of AB loan, and the victim was issued KRW 15,00,000 in cash from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was in bad faith.

Summary of Evidence

(Omission)

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 Code, the choice of imprisonment

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The crime of Bophishing is an offense committed against many and unspecified victims in a planned and organized manner by sharing the role of a large number of people. The scope of damage is unlimited and broad, as well as the damage recovery is not easy, and thus, the harm and injury inflicted on the victims and society is serious. The role of the Defendant performed is an important part in the execution of the crime, and the amount of the damage in this case is not significant. The victims’ damage was not recovered, and the Defendant did not receive a letter of suspicion from the victims. Considering such unfavorable circumstances against the Defendant, a sentence of imprisonment for a certain period is inevitable.

However, considering the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects the fact that he was punished by a fine for fraud and embezzlement in 2008, there is no record of punishment, the fact that there is a family member to support the defendant, and the fact that his health condition is not good due to blood pressure, etc., the punishment shall be determined as ordered by taking into account all the circumstances shown in the arguments of this case, including the defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, frequency of the crime, and the amount of damage caused by the crime

Judges Kim Do-young