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(영문) 서울중앙지방법원 2019.06.21 2019고단1213
사기
Text

The imprisonment with prison labor for the accused shall be determined by one year and eight months.

Reasons

Punishment of the crime

In general, the organization of “ telephone financial fraud” (one-time “scaming”) usually represents a financial institution, etc. to many unspecified persons in the Republic of Korea through the Internet telephone, etc. while operating a call center in China, and notifies them of false facts, and acquires property by means of receiving money directly from victims or allowing them to account transfer. Such organization consists of a number of accomplices who commit a crime by functionally sharing the roles of each person in the process of committing a crime, such as “total liability” planned and instructed to commit a crime, “an inducement” which calls from a call center in China to many unspecified persons and notifies them of false facts, “an inducement” which calls to a large number of unspecified financial institutions, etc., “passbook solicitation” which solicits money from the head of the Tong to be used for defraudation, “an withdrawal book” which withdraws money from the victims, “an withdrawal book” which withdraws money from the head of the passbook, and “an invitation book” which recruits the organization members.

In order to create a call center for committing a scaming crime on the 13th apartment of E apartment in the city of China for the sake of the Chinese nests, the following advertisements were posted to the Internet site: (a) by falsely concluding that “F Savings Bank will provide a loan to an unspecified number of people in the Republic of Korea; (b) will receive money as a guarantee insurance premium, etc.; and (c) by receiving money under the name of a guarantee insurance premium, etc.; and (d) to recruit an incentive to work at the call center on the Internet site.

On July 2017, the Defendant reported an advertisement at an infinite location, and decided to contact the name infinite, and left China on the 27th day of the same month, and entered China on the 27th day of the same month.

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