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1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[Public Offering Relations] The Telecommunications Financial Fraud Organization (hereinafter “Sphishing Organization”) calls the victims to the effect that it would cause a large number of unspecified victims to lend money at a low interest rate by misrepresenting himself/herself to a financial institution, and then constitutes a crime by using a so-called “sphishing” method that the victims receive cash from the victims. The organization is operating in the form of an organization, such as using a call center via a phone call to an unspecified number of victims, and a “cash collection scheme” that receives cash from the victims. In preparation for arresting victims, it is operated in the form of an organization, such as using a “sphphone”, etc., which is difficult to trace by an investigative agency, or communicating with one another using a “telg”, etc., which is an overseas mobile-type display.
On June 15, 2020, the Defendant: (a) received a proposal from the “B” online job-seeking site “B to report the posting of job offer advertisements to the effect that he/she will work “debt collection” from his/her name-free scaming staff (the “C team leader”); and (b) received instructions from the “tegs” staff, such as the “C team leader,” and conspired with the “C team leader,” etc. to serve as the “tegs team leader, etc.” to receive instructions from the “tegs” and transfer money from the victims.
【Criminal Facts】
On June 18, 2020, the personnel of the Singishing operations called “to provide an existing loan at a low interest rate of 2.9%” by phoneing to the victim D at a place where the location is unknown. However, it is necessary to first repay the existing loan inasmuch as the existing loan provided in E is a violation of the law, and it is in fact a violation of the law.” Accordingly, the personnel of the Singishing operations made a false call to the victim D, thereby allowing the victim to withdraw KRW 9.7 million to repay the existing loan and deliver it to the employee.
On the other hand, the Defendant is in accordance with the direction of the above team leader.