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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal record] On April 28, 2017, the Defendant was sentenced to three years of imprisonment for fraud in the Western Branch of the Daegu District Court, and that judgment became final and conclusive on February 28, 2018.
[2] The defendant is a foreigner of the nationality of the People's Republic of China who assumes the role of transporting cash and exchanging money from an unspecified number of victims through misrepresentation of public agencies such as prosecutor's office and Financial Supervisory Service, etc.
When the Defendant conspireds with the employees in charge of phishing, the Defendant: (a) in collusion with the victim, caused the victim to withdraw the money in the account of the victim, by misrepresenting the prosecutor, prosecutor, investigator, etc. through telephone conversations; and (b) obtained cash by accessing the victim and receiving the money from the victim; and (c) obtained it from the Defendant, and obtained it to obtain money from the victims in a way of re-delivery and exchange.
According to the above public offering, the Defendant: (a) in the vicinity of the 405 Seoul Han River Station located in Yongsan-gu, Yongsan-gu, Seoul, on September 30, 2016, and (b) in around 17:30 on September 30, 2016, the Defendant misrepresented the employees of the Financial Supervisory Service; (c) received the amount equivalent to KRW 30,572,722 from the victim E in September 30, 2016; and (d) delivered the amount equivalent to KRW 30,572,72 to the victim E by means of money exchange, etc. from the time on October 4, 2016 to around 22:15 to 22:36,00, as indicated in the list of crimes in the separate list of crimes; and (d) delivered the amount equivalent to the sum of KRW 97,572,722,22 of the amount of damage from the victim’s name in the form of money exchange, etc.
Accordingly, the defendant conspireds with B, nameless phishing officers in order to induce victims, thereby deceiving them total of KRW 97,572,72.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor with respect to B and F;
1. Copies of each police statement made to E, G, and H;
1. A detailed statement of transactions;