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(영문) 서울중앙지방법원 2014.11.12 2014고단2930
사기등
Text

Defendant

A and Defendant C shall be punished by imprisonment with prison labor for one year and eight months, and by imprisonment for one year and six months.

Reasons

Punishment of the crime

1. From May 1, 2013, the Financial Supervisory Commission implemented the so-called “National Diplomatic Fund Debt Adjustment System” under which ordinary people reduce financial costs by converting high interest rate loans received from financial rights into low interest loans in accordance with an agreement with the Korea Asset Management Corporation, Credit Counseling and Recovery Service, the Microfinance, the Agricultural Bank, the Nonghyup Bank, and the KB National Bank.

G (Suspension of indictment on May 20, 2014) held several loan brokerage companies, including H, “I,” etc. at the same time, with intent to commit the so-called phishing crime by having the victims obtain a new loan at a low interest rate under the said “National Dive Fund Debt Adjustment System”, under the premise that it would undermine a transition loan at a low interest rate in China where it is difficult to track the customer’s previous loan details and contact details acquired from the customer who requested the lending company to arrange the loan, and other credit information acquired from the customer who requested the lending company.

Accordingly, G recruited several persons, including J and K, as the team leader, and G recruited L, M, N,O, P, Q, Defendants, etc. to act as inducing the victims to get loans by telephone.

In addition, when the loans are transferred to the account in the name of the victims, G immediately transferred the loans to the account in the name of the victims and made the R et al. withdraw 10% of them to the team members, including the Defendants, and planned to distribute 5% to the team members, the J and K, and to acquire the remaining money.

2. Defendants’ participation

A. Defendant A, among August 2013, in a loan brokerage company called “T” operated by Q and P by G located in Gangseo-gu Seoul Metropolitan Government S in Q and P, the Defendant would have a large amount of loans from “T” under the direction of G while providing loan counseling services with the U,O (not later than March 3, 2014), V, Defendant B, Defendant C, etc.

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