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(영문) 부산지방법원동부지원 2020.12.23 2020고단2626
사기
Text

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

Provided, That the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2020, the Defendant: (a) had access to the website of the Defendant’s residence located in the Busan Northern-gu, Busan, and F, on the advertisement “G” using a computer; and (b) had contacted the members of the so-called “Singishing” fraud group (hereinafter “H” and “I”); and (c) had received a proposal from the Defendant that “I would receive money from people to receive money from the account designated by him/her, the Defendant would have received 3-5% of the money received as profits; (d) it is difficult to view that the employment procedure, method of business, method of payment, etc. may not be deemed as the business of collecting money from cashing; and (e) has accepted that the Defendant could be the business of collecting money from cashing; and (e) has received money from the victim with the name of the victim as if the victim was an employee of the financial institution or upon the direction of the victim; and (e) has given the remainder of money to the account designated by the recipient, with the exception of cash allowances.

1. Around August 10, 2020, a person who was non-satisf of the fraud group as a result of the crime committed against the victim B calls to the victim on or before the date of August 10, 2020, and the facts were introduced as K of the J bank employee of the J bank even though the victim did not have an intent or ability to harm the loan, and, upon introducing him/her as K of the J Bank employee of the J Bank, the victim would make a loan up to KRW 20 million with the interest rate of KRW 9.4%. From August 11, 2020 to August 12, 2020, other non-satisfed persons called the victim in sequential order, and introduced himself/herself as L Card employee of the L Card, respectively, and violated the Financial Act by applying for a refund loan to the existing loan. The repayment deposit shall be sent to the victim in order to continue the loan immediately.

On the other hand, on August 17, 2020, the defendant received the money from the victim as above, or he received the money from the victim.

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