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(영문) 서울중앙지방법원 2015.09.04 2015고단3993
컴퓨터등사용사기미수
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 (Handphones) shall be confiscated.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The telephone financial fraud organization means a false statement by posting a phone to many unspecified persons in Korea while operating the call center in China. The organization plans and instructs a criminal act of receiving money from those persons (tentatively referred to as “scaming”), securing personal information, account passwords, etc., and then wrongfully withdrawing the money by using it (tentatively referred to as “scaming”). For the purpose of committing the above criminal act, it takes part in the role of “passing the passbook”, “book delivery”, “passing the passbook delivery”, “passing the money transferred from the victims in cash,” and “transfering the money transferred from the victims,” and the Defendant conspired to take charge of cash withdrawal under the direction of a person who has no name.

On June 24, 2015, at least 13:00, the person under whose name the account was not opened and misrepresented to the prosecutor of the Seoul District Prosecutors' Office by phone calls to the victim C, and misrepresenting him to the prosecutor of the Seoul District Public Prosecutor's Office. In accordance with the above plan, it is necessary to confirm that the person under whose name the account was opened in the name of the party was connected to the fraud case, and thus, it is necessary to terminate all the existing deposits, obtain a new OTP card, and then send KRW 27 million to the national bank (E) in the name of the victim C by using the information acquired at the place in the name of the victim.

After that, the defendant and the person in poor name who had been named in the new bank located in the Gwanak-gu, Seoul Special Metropolitan City at around 14:00 on the same day, as if the loan was made through the prompt loan operation, the defendant and the person in poor name had the above D make the above D withdraw the above 27 million won deposited in the national bank account, and it was not possible to refuse to deliver the withdrawn money.

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