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Defendant shall be punished by imprisonment for a term of one year and two months.
The defendant pays 30,000,000 won to an applicant for compensation.
Reasons
Criminal facts
The telephone financial fraud organization (hereinafter “scaming organization”) is an organization that commits a crime by means of receiving money directly from victims or receiving money from victims by using a telephone to a large number of unspecified victims, or by receiving money from victims by using a pre-deposited account, etc. under the pretext of the fact that it is necessary to allow them to get a loan by leaving a telephone to an unspecified number of victims, etc. In response to arrest, it is operated in the form of an organization such as using a “scamphone”, “scaming”, “scaming”, “scaming”, “scaming”, “scaming”, and “scaming” to withdraw and transfer money to a domestic or foreign account. In preparation for arrest, it is operated in the form of an organization such as using a “scamphone” or communicating with one another by using a mobile phone scam application, etc.
On July 2018, 2018, the Defendant issued a proposal to the effect that “one percent of the daily allowances and the amount of money for the transfer of cash shall be paid to the Defendant,” and accordingly, the Defendant, despite being aware of the fact that the money to be collected might be the money of the victims, would follow the instructions of the Singing organization. From that time, the Defendant received money from the victims and deposited the passbook in accordance with the instructions of the Singing organization.
[2019Sang 762] On August 20, 2018, a member of the Bosing Organization assumes a false statement to the effect that “a loan may be made up to KRW 50 million per annum” to a victim AO by telephone while misrepresenting the bank staff on or around August 20, 2018, and that “a loan shall be made up to KRW 10 million per annum. It shall be deposited with an account designated to increase credit rating.” The member shall, on or around August 20, 2018, have the victim transfer KRW 10 million to the AP AP Association account (AP) account in the name of the said AMF account.”