A defendant shall be punished by imprisonment for one year.

Punishment of the crime

In the process of establishing and operating a call center for the crime of telephone financial fraud (hereinafter referred to as "Sphishing"), the accused is the general responsibility to instruct the organization members to acquire money by deceiving the victim. On December 2019, the accused, by misrepresenting the victims and receiving the damages from the employees of the financial company, by misrepresenting the victims according to the proposal of the false statement of name, and then transmitting or delivering them, he/she conspired in order to acquire money from the victims by misrepresenting himself/herself with the financial company, etc. as well as the false statement of name.

In December 2019, the name-dissured person made a false statement to the effect that “A bank is a member of the CB. It is necessary to grant a loan to the victim B, and thus, if the loan is paid in full because there is an existing loan in order to give a loan, it would be necessary to make a new loan.”

However, in fact, the person under whose name the victim was the member of the Bophishing organization, and there was no intention or ability to provide the loan to the victim.

Nevertheless, in the indictment on December 31, 2019, the person under whose name the date and time of the crime are stated as “ October 31, 2019.” However, this is apparent in the record that it is a clerical error in the indictment “ December 31, 2019.” As such, the date and time of the crime are changed ex officio without changing the indictment.

At around 14:50 on the same day, he had the victim withdraw KRW 9.6 million, and had the victim transfer the money to the defendant, who is the most collecting book for financial staff, at the E-art parking lot located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu. The defendant received the money from the victim according to the order of the above person who received the money from the victim, and delivered it to other Boscing staff prior to the withdrawal No. 2 in Jung-gu, Seoul on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. In the investigation report (e.g., capturing up and attaching a suspect A’s cell phone-related message to commit the crime): the contents of the Kakao Stockholm dialogue, and the deletion of telegram dialogue.