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(영문) 서울서부지방법원 2020.09.10 2020고단1699 (1)
전기통신금융사기피해금환급에관한특별법위반등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 11 shall be confiscated.

An application for remedy order filed by an applicant.

Reasons

Punishment of the crime

The Bosphishing organization consists of a call center that deceives victims into many unspecified victims by communicating with telephone or Kakaox and by misrepresentation, etc., a call center that solicits victims into a large account, a collection of passbook that collects a means of access connected to a large-scale account, a collection of collected card, and a withdrawal of the amount of damage from the said organization after withdrawing the amount of damage by using the collected card, and a withdrawal of the amount of damage to the account managed by the said organization. In preparation for arrest, these organizations are operated in the form of an organization that does not play any other role than each other, and is operated in order to prevent them from becoming aware of each other such as receiving instructions by using telephone and message.

On May 12, 2020, the Defendant, upon receiving a proposal from a staff member of Bosing Co., Ltd. (hereinafter “C”) to deliver another person’s physical card and then withdraw cash to the following accounts, conspired to act as a liability for withdrawal of the Bosing Organization by accepting the proposal to pay 120,000 won per day and one percent of the withdrawal amount as an allowance.

1. Violation of the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud, and fraud using computers, etc.;

A. On May 15, 2020, the employee of the Defendant’s name omitted from the victim B’s criminal name: (a) misrepresentation of the victim B’s Kakaox to the victim’s Kakao F, thereby making a false contact with the victim B to purchase a cultural product right; and (b) falsely speaking, “this is not the computer at present at the time of the purchase of a cultural product right; and (c) the victim’s application for purchase is made under the name of Kama,” so that he/she may directly inform the victim of the financial transaction information or install a fash with a remote control function, etc.; and (d) enter information into the victim’s information processing device, such as a computer, using such information, at least 14:48 of the same day, from G’s account to H bank account (I) in the victim’s name.

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