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(영문) 서울남부지방법원 2019.08.12 2019고단1159
사기등
Text

A defendant shall be punished by imprisonment for two years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. The persons who have failed to obtain the name of the fraud shall be the members of the telephone financial fraud assistance who acquire money by means of a tentatively named “sphishing” method, such as allowing the victims to withdraw money from the account by misrepresenting the investigative agency, etc. by calls to the unspecified victims.

On February 2, 2019, the Defendant contacted the victims of the instant organization’s name influenction (E.F) with one another, and served as a cash collection policy for receiving cash from the victims to the account designated by the organization, and conspired with the said members in return for receiving a certain amount of money.

Accordingly, on February 28, 2019, at least 11:00, at a place where the place is unknown, the name-free person made a false statement to the effect that “the victim’s account was used for the crime of I by the victim. In order to prove that the victim was not involved in the crime of I, he/she shall withdraw the money in the account and deliver it to the employee of the Financial Supervisory Service.”

On the same day, at around 13:46 of the same day, the person under whose name the victim was accused of the victim and had the victim withdraw the amount of KRW 14 million in cash from K Bank L located in Yeongdeungpo-gu Seoul Metropolitan Government, and induce the victim to go in the future of the N Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government. In accordance with the instructions of the person under whose name the victim was killed, the defendant took place in the future of the N Hospital as if he was "O representative" of the Financial Services Commission at around 15:00 on the same day, and received KRW 14 million in cash from the victim.

Accordingly, the Defendant, in collusion with telephone financial fraud assistance officers, by deceiving the victim G as above, received cash of KRW 14 million from the victim. From around that time to March 6, 2019, the Defendant received total of KRW 175,200,000 from the victims on seven occasions, such as the list of crimes in attached Form.

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