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A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
Punishment of the crime
The telephone financial fraud organization is an organization that deceives an investigation agency, etc. by misrepresenting a large number of unspecified persons in a way of criminal litigation, deposit protection, etc. by deceiving money from the victim, and then acquires money from the victim. The role of the telephone financial fraud organization is divided into a "general responsibility" in charge of organic communication between occupied organizations, a "induction" in charge of telephone calls, a "induction" in which victims instruct the victim to withdraw money deposited in the passbook, an "management" in which the victim instructs specific crimes to the head of the passbook, an "induction" in which the victim instructs the victim to withdraw money deposited in the passbook, an "induction" in person, or an "induction" that directly receives money from the collection book and delivers money to the remittance book by misrepresenting the victim's staff, and is operated in the form of an occupation organization in preparation for arrest.
피고인은 전화금융사기 조직의 송금책으로, 성명불상의 총책, 실행책인 B 등과 위챗, 텔레그램 메신저 등으로 대화를 하면서 피해자들의 금원을 편취하기로 공모하였다.
1. On November 4, 2019, on the part of the victim C, the telephone financial fraud assistance employee in the name of the fraud of the victim C caused the victim C to misrepresent the victim C by leaving a telephone at an unsound place and misrepresenting the victim C with D staff, and “a loan will be made up to KRW 40 million with low interest if an existing loan is repaid.”
However, in fact, the telephone financial fraud assistance employee was not D employee, and there was no intention or ability to provide loans at low interest.
Nevertheless, around November 5, 2019, by deceiving the victim, the victim was delivered KRW 12.7 million to the F Bank account (G) in the name of E, and KRW 6 million to the H account in the name of H (J) around November 7, 2019, respectively.
At around 12:30 on November 5, 2019, the Defendant, according to the direction of B, is in front of the withdrawal of the commercial trade No. 4 in the Seo-gu, Seo-gu, Gwangju, with K, which is a subordinate organization recruited by the Defendant.