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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant: (a) had the victim withdraw cash directly from the account of the victim through the telephone financial fraud crime using the so-called “Singing” method; (b) conspired to commit the crime of telephone financial fraud by having the victim take charge of the so-called “cash collection scheme,” which collects the victim’s amount of damage according to the direction of the person without the name, while soliciting the victim to commit the crime of telephone financial fraud; and (c) by misrepresenting the employee of the Financial Supervisory Service in accordance with the direction of the person with the name,
From April 9, 2019 to April 10, 2019, a name-free person made a false statement to the effect that, by making a phone misrepresenting the victim Q Q Q, the passbook opened in the name of Q Q Q Q Q was used in the fraud case. Since Q Q Q Q Q Q Q was connected to the fraud case at this time, he/she must withdraw the cash in the name of the passbook and deliver it to the employees of the Financial Supervisory Service in order to confirm whether it is the one of the one in which Q Q Q Q Q Q Q Q is the one in the name of the one in which it was not the one in which it was the one in which Q Q Q Q Q., and to the effect that the employee of the Financial Supervisory Service prior to
However, it was not a prosecutor, and there was no fact that the victim's account was used for the crime.
Nevertheless, as seen above, the person who was dissatisfying the victim and instructed the victim to withdraw the amount of KRW 23 million in cash and deliver it to the defendant. The defendant, around 16:00 on April 10, 2019, assumes the staff of the Financial Supervisory Service in accordance with the direction of the person who was unsatisfying in name, and was delivered KRW 23 million in cash from the victim.
Accordingly, the defendant, in collusion with the victim, received money from the victim in collusion with the victim's name misscam assistance staff.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police to Q Q;
1. A report on internal investigation (related to submission of data by a victim);