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(영문) 수원지방법원 2021.02.17 2020고단7178
사기미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] The criminal organization of telecommunications financing fraud (one name “Sscam”), operating a call center and website, receives a call card from a person under the name of the account to be in charge of organic contact among the organizations within the organization, or offers an account or a e-mail card to be used for the scaming crime through the Internet job-seeking site, etc., and instructs specific crimes such as collection and re-delivery of damage to the management books, such as “management books,” withdrawal books, collection books, and collection books, etc., which are linked to the management books, and instructs them to conduct the crime, such as collection and re-delivery of damage money, which are functionally managed, and transfer money to a designated account by misrepresenting the investigative agency, employees of financial institutions, etc. or transfer money to the collection books by withdrawing cash from the management books, and directly withdraw the damage amount by receiving the check card, etc. from the victims to be used for the crime, or transfer it to another officer, and deposit the money with each designated account as “collection books, etc.”.

On March 2020, the Defendant reported the job seeking advertisements giving high-amount wages to the victims, and came to know of the name and unsound management measures using the conversation called “B,” and instead, it is difficult to view the employment procedures, business methods, benefits, etc. as the collection of claims by the ordinary lending companies. Rather, in recognition of the fact that the money given by the victims may be typically prevented from phishing fraud by notifying the victims of false position and destroying evidence related to cash collection and remittance, the Defendant will play the role of receiving cash from the victims and remitting the remainder to the designated account except for allowances.

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