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(영문) 서울중앙지방법원 2018.05.10 2017고단8901
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

In order to operate the call center at a low interest rate as if the victims of the call financial fraud organization located in China, etc. were to make the victims transfer money to the account under the name of the head of the Tong called "the head of the Tong" under the name of the loan repayment, etc. while operating the call center at a low interest rate, and to make the loan to those who wish to make the loan by misrepresenting the lending company and raising the credit rating by making the phone call to those who wish to make the loan, etc.

In addition, it made it possible to transfer the amount of damage caused by telephone finance fraud, which he acquired through his account as above.

On the other hand, around March 2017, the Defendant received business instructions from the aforementioned telephone finance brokerage staff, and did not need to exchange conversations, name cards, or telephone numbers with the other party, and when receiving the money, the Defendant did not confirm the legitimacy of the contents of the instructions, even though the contents of the instructions cannot be seen as normal business instructions, such as prohibiting the other party from using the other party’s vehicle when receiving the money, and did not confirm the identity of the above person in the name or the address of the business. While recognizing the fact that the above person’s proposal may be illegal, such as telephone financing, etc., because he did not at all confirm the identity of the person in the name or the address of the business, the Defendant received the business instructions through telegram, etc., and sought the above “the above head-state”, which received the money from the head-state, and transferred the money to the financial account that received the money from the fraud, and received the money in order to gather the amount of KRW 10-2 million per day.

Accordingly, on June 1, 2017, the above bearers are misrepresented with the employees of financial institutions from the French land on June 1, 2017, and C calls to provide a new loan to pay the existing loan to C, so the money of the first investor is paid by paying the money to the current account of the party.

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