[ad_1]
[사진 연합뉴스TV]
Lee Mo, who received an offer from the general manager of voice phishing in February last year, went to Qingdao, China and worked in a call center. He was a counselor who intercepted money by calling an unknown number of people in Korea, saying, “I am an agent for a credit loan company, and if I repay the existing loan, I will provide an additional loan at a low interest rate.” Lee, who had received around 3.5 million won, resigned due to a conflict with the call center manager and returned to Korea after a month. However, a colleague working with the call center suggested that the victims’ money be withdrawn and forwarded to China, and the crime of voice phishing continued.
A member of a voice phishing gang called the victim and said, “I will increase your credit score by paying off the loan immediately and making a low interest loan.” I will. “When the card collection book receives the account number and the check card, the other victims are informed of the account number. When the victim reports it, another victim’s account is tracked. The amount of Fraud damages extorted in this way amounted to about 194,000,000 won.
The court of the first trial said: “The crime of voice phishing is committed in a systematic and systematic way against unspecified persons, and the crime is very serious because it produces many victims en masse” and “must be severely punished”. However, they agreed with the rest of the victims except for four, and Lee reflected and vowed “never to commit the crime again,” and sentenced him to five years of probation in three years in prison. Neither the prosecutor nor Mr. Lee appealed, and the ruling was upheld.
Attorney General Yoon Seok-yeol filed an emergency appeal in Lee’s case, who avoided going to prison. An emergency appeal is an emergency relief procedure requested by the Attorney General when a case judge determines that a law has been violated after the judgment is finalized.
The Criminal Law stipulates that in the event of a custodial sentence of no more than three years, imprisonment, or a fine of no more than 5 million won, the execution may be suspended for no less than one year and no more than five years if there are grounds to have. consider. Although the first trial was sentenced to three years in prison and the execution could not be suspended, the case of suspension of the trial for five years was the case in which the trial violated the law.
The first division of the Supreme Court (Chief Justice Ki-taek Lee) ruled that “the allegation of the emergency appeal pointed out by the Attorney General has a reason.” Consequently, the probation portion was canceled and Lee was sentenced to three years in prison.
It is very unusual to be sentenced to three years or more in prison but to execution. Previously, emergency parole-related appeals were primarily for sex crimes. It is argued that it is against the law for the accused of committing a crime of sexual violence to be sentenced to probation and to attach an electronic location tracking device without ordering parole. According to the Probation and Placement of Electronic Devices to Certain Offenders Act, the court can order the placement of electronic devices only when probation is ordered while the execution of the sentence is suspended. In response, the Supreme Court determined that there were grounds for emergency appeals in both 2011 and 2014.
Reporter Lee Ga-young [email protected]
[ad_2]
