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(영문) 울산지방법원 2019.10.25.선고 2019고합92 판결

가.아동·청소년의성보호에관한법률위반(알선영업행위등)·나.아동·청소년의성보호에관한법률위반(알선영업행위등)방조·다.전자금융거래법위반·라.사기·마.컴퓨터등사용사기·배상명령신청

Cases

2019Gohap92, 166 (Joints), 216-1 (Joint, Separates), 242 (Joints)

(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.);

(b) Aiding and abetting a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.);

(c) Violation of the Electronic Financial Transactions Act;

(d) Fraud;

(e) Computer, etc. fraud;

2019 early 683 Application for compensation order

Defendant

(b) . (c) A, South 94; and

Prosecutor

Lee Jin-ho, Park Jae-young, Kim Jong-hee (prosecutions) and objection or (Trial)

Defense Counsel

Attorney* (Korean National Assembly)

Applicant for Compensation

A person shall be appointed.

Imposition of Judgment

October 25, 2019

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall order the defendant to complete a program to prevent sexual traffic for 80 hours.

The defendant shall be ordered to place employment restrictions on children, juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

【Criminal Power】

On April 9, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Ulsan District Court for fraud, and the said judgment became final and conclusive on April 17, 2019.

“ 2019Gohap92,”

1. C Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.);

Co-defendant C (hereinafter referred to as "C") before separate transfer was introduced with the introduction of D (15 years old), E (15 years old and 15 years old) who had lived with the Defendant on April 10, 2016, and had them divided into the price of sexual traffic by arranging them to "the so-called "the so-called condition met" with many unspecified men.

C around 03:30 on May 6, 2016: Ulsandong-gu** 506 on 00 ○○○○○ 506, each of which he/she is operating, posted a commercial sex advertisement on the part of his/her previous small and medium-sized vehicles, including D, E, and Dok-gu, a smartphone app, a smartphone app, with his/her prior operation, and directed D into a place where his/her sexual purchase is promised, such as allowing D to engage in F, G, and sexual intercourse, and allowing D to engage in sexual intercourses with the beginning of April 2016 through the first of May 2016 to the first of May 1, 2016, and received 150,000 won or more of the price of sexual sex trafficking, a total of 150,000 won or more among men, who were sexual intercourses, and received 150,000 won or more of the price of sexual sex traffickings, respectively.

As a result, C has arranged the purchase of sex by children and juveniles as a business.

2. Helping and abetting a defendant in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.);

On April 2016, 2016, the Defendant: (a) was able to take a large amount of money : D (n, 15 years of age), E (n, 15 years of age) that was going out and living in Franchis, and (b) 15 years of age) that was franchising, and (c) was franchising, D, E (n, 15 years of age) that was franchising, and (d) that was franchising, D, E was franchising to talk later after the business hours after E was found to be franchising, and she was franchising to engage in sexual traffic to E and E that was franchising.

Women's patriotism were fluent with a large amount of money, and there was no fluence with a single map, b), click with the wind that they are fluent, click with another pet, and click with the consent of D and E on the so-called "n't have to be fluent at present," and click with the consent of D and E.

Around that time, the Defendant introduced C and introduced D and E to compensate for money through “E” at the above place and aided C to facilitate C to engage in the business of arranging the purchase of sex of children and juveniles as provided for in the above paragraph (1).

2019Gohap166,

In managing a means of access, no one shall transfer or acquire a means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 2018, the Defendant offered that H transfer of the means of access under H means of access to the name in the name of the person who was not entitled to receive the means of access, and that H was informed of the name of the person who was not entitled to receive the means of access upon H's request, i.e., whether there is no way to seek for money from the place of Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha''.

H on July 2018, the post office located in Ulsan-gu, Ulsan-gu, U.S., and the address of China known by the Defendant to the address of China (81*****) in the name of H, sent the passbook, the physical card, and the OTP card connected to the Nong Bank account in the name of China (hereinafter referred to as the “TP card”).

Accordingly, the Defendant conspiredd with H to transfer the means of access to a person who has lost his name.

“ 2019Gohap216,”

1. I's fraud;

Co-defendant I (hereinafter referred to as "Co-defendant I") before the separate declaration is made is only called "the cell phone sales performance is required. When he/she lends his/her name, he/she shall use the cell phone as a public phone with three times, and the machine installment and the cost of use shall be responsible for the inside and payment, and the name shall be changed six months later.

However, even if I opens a mobile phone in the name of the victim, he did not have the intention or ability to pay the installment cost on behalf of the victim, and he disposed of the above mobile phone with used machinery, and the sales proceeds have been thought to have become an inevitable reason.

I, as such, deceiving the victim on February 17, 2018 and caused the victim to take advantage of the victim's 1,57,600 Aphone X 2 at the market price of around February 17, 2018, and caused the victim to open the Aphone X 1 at the same amount as the victim's name on the 19th day of the same month, and acquired three Aphone 4,672,80 won in total at the market price of 4,672,80 won from the victim.

2. Defendant’s computer, etc. fraud 1);

On February 2, 2018, the Defendant: (a) purchased two core chips inserted in the opon X registered in the name of the injured party B in the office of Ulsan-gun, Ulsan-gun, * Eup* * * ? Ri located; and (b) opened the game money in an amount equivalent to KRW 149,60,00 by placing it in the public machinery and accessing the opon contents and making a mobile phone small payment by linking the opon contents; (c) the game money in an amount equivalent to KRW 299,250,000 from the opon loan; (d) the game money in an amount equivalent to KRW 299,250 from the opon loan; and (e) the game money in an amount of KRW 547,850 from the opon loan to the opon X; and (e) purchased the game money in an amount of KRW 1,196,200,200.

Accordingly, the defendant acquired property benefits by inputting a false information or improper order into a computer or any other information processing device or by inputting information without authority.

" 2019Gohap242"

On February 1, 2018, the Defendant: (a) provided the victim L, introduced through J and K, with a cell phone opened in the name of the victim; (b) provided the cell phone in the name of the victim; and (c) purchased the game items of KRW 3,300 by accessing the game site of the victim, where the victim’s mobile phone account information is stored, using the victim’s cell account information, and paying off the cell phone amounting to KRW 3,300 by paying off the cell phone amount.

From that time until March 1, 2018, the Defendant settled the mobile phone small amount of KRW 2,143,700 in total over 30 times in the same manner as the list of crimes in attached Form 30.

Accordingly, the defendant acquired property benefits by inputting false information or improper orders into a computer or any other information processing device or by inputting information without authority.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 15(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 32(1) of the Criminal Act

The aiding and abetting the business of arranging and arranging sexual traffic for the year), Article 49(4)1 of the Electronic Financial Transactions Act;

Article 6(3)1 of the Criminal Act, Article 30 of the Criminal Act (the transfer of the means of access and the choice of imprisonment), Article 347 of each Criminal Act

Article 2-2 (Types of Fraud by Use of Computer, etc. and Selection of Imprisonment)

1. Mitigation and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act / [Good Offices for the Protection of Children and Juveniles against Sexual Abuse (Good Offices)]

For aiding and abetting a business act, etc.)

1. Handling concurrent crimes;

The latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act

1. Reduction for concurrent crimes;

The latter part of Article 39(1) and Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

The offense of aiding and abetting a violation of the Act on the Protection of Sexual Abuse (Good Offices, etc.) shall be deemed concurrent crimes

1. Order to complete a program;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018); the Gu

Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

(B) Article 56(1) main sentence of Article 56(1) and Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018);

The main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Dismissal of an application for compensation order;

Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

Scope is not clear

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and nine months from September to 11 years and three months; and

2. Non-application of the sentencing criteria: Crimes of aiding and abetting a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.).

As a aiding and abetting, each crime in the holding is a crime of fraud that has become final and conclusive and the latter part of Article 37 of the Criminal Code.

Since there is a relation of concurrent crimes, the sentencing guidelines do not apply.

3. Determination of sentence;

The act of arranging the sexual traffic of children and juveniles not only harms the minimum morality of our society, but also causes serious damage to children and juveniles’ body, character, and mind. In particular, as the act of arranging the business of arranging the sexual traffic of children and juveniles continues to engage in commercial sex acts by allowing children and juveniles to do so, its illegality is very high. The Defendant introduced a child and juveniles from home to home, who want to engage in commercial sex acts after allowing them to engage in commercial sex acts, and appears to have received some of the sexual sex acts continuously. Although the act of arranging commercial sex acts itself was caused by C, it is difficult to view that the Defendant’s role or responsibility is somewhat weak. In light of the fact that the act of arranging commercial sex acts was committed by the same kind of crime before the act of arranging commercial sex acts, the act of arranging commercial sex acts was committed by other persons, such as the act of using a mobile phone, even though it was not punishable by the act of using the passbook in the same way as the act of using the passbook in this case, it appears that the Defendant was sufficiently aware of the crime of using the passbook in this case.

However, the defendant's recognition of all of the crimes in this case and appears to be against the defendant, the period of arranging sexual traffic seems to be relatively long, the victim of the crime in this case has agreed with L among the victims of the crime in use of computers, etc., each of the crimes in this case must consider equity with the case where the judgment becomes final and conclusive in relation to concurrent crimes in the latter part of Article 37 of the Criminal Act with the crime in which the judgment becomes final and conclusive, and shall be punished for sexual crimes or sex crimes prior to the instant case.

The court shall take into account the fact that there is no power in favor of the defendant in light of the circumstances favorable to the defendant, and shall determine the punishment as ordered by comprehensively taking into account the following factors: the defendant's annual age, character and conduct, environment, motive and background of the crime, means and methods of the crime, and the circumstances after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive with respect to a crime of aiding and abetting a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage, etc.), the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to remove personal information from the competent agency pursuant to Article 43 of the same Act.

On the other hand, personal information of the defendant under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

Article 38 of the Criminal Act provides that a sex crime which causes registration and other crimes shall be punished for concurrent crimes under the former part of Article 37 of the Criminal Act. The period for registering personal information resulting therefrom shall be 15 years pursuant to Article 45(1)3 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. However, in light of the following: (a) the punishment for aiding and abetting the Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.); (b) the punishment for aiding and abetting the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.) and the punishment for the remaining crimes; and (c) the punishment for imprisonment for not more than three years against the defendant, the foregoing period of registration is not recognized to be an unreasonable

Judges

Judges Park Young-young

Judges Kim Dong-dong

Judges Sulraia

Note tin

1) The indictment in the case of 2019Gohap216 is written in the form of the indictment containing the name of the crime and the applicable provisions of laws in addition to computer, etc. fraud, and Article 347(1) of the Criminal Act.

B. In light of the facts charged, this is a clerical error.

Site of separate sheet

List of Offenses

A person shall be appointed.

A person shall be appointed.