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(영문) 창원지방법원 2015.11.5.선고 2015고단2047 판결

전기통신금융사기피해방지및피해금환급에관한특별법위반,사기,개인정보보호법위반,주민등록법위반,배상명령신청

Cases

2015 Highest 2047, 2084 (Joint), 2271 (Joint)

For telecommunications-based financial fraud prevention and loss refund;

violation of special law, fraud, violation of Personal Information Protection Act;

Violation of Resident Registration Act

2015 initially 547 Application for a compensation order

2015 initially 653 Application for a compensation order

2015 initially 654 Application for a compensation order

2015 initially655 Application for a compensation order

2015 initially 656 Application for a compensation order

2015 early 676 Application for remedy order

Defendant

1. A;

2. B

3. C

4. D;

5. E.

6. F;

7. G.

Prosecutor

The purpose of leap Dong-dong, Kim Jong-sung, and the use of hand (trial)

Defense Counsel

Attorney H (Defendant A, F, and F)

Law Firm I, Attorney J (Defendant B)

Attorney K (Defendant C, Defendant D)

Attorney L, M (for Defendant E)

Applicant for Compensation

1. N;

2. 0;

3. P.

4. Q.

5. R.

6. S;

7. T:

8. U;

9. V:

10. W;

11. X;

12. Y

13. Z;

14. AA

15. AB

16. AC

17. AD;

18. AE;

19. AF

20, AG

21. AH;

22. AI;

Attorney for Compensation Application

AJ Law Firm, Attorneys AK, and AL (for an applicant for compensation, 4 to 21)

Imposition of Judgment

November 5, 2015

Text

Defendant A, Defendant B, E, and F shall be punished by imprisonment with prison labor for five years, by imprisonment for two years and six months, by imprisonment for each of them, and by imprisonment for one year and six months.

Seized evidence Nos. 1 through 8, 11 through 19 shall be forfeited from Defendant A, from Defendant C, and from Defendant B, subparagraph 10 of the same evidence shall be forfeited.

Each request of the applicant for compensation shall be dismissed.

Reasons

Criminal facts

[2] Defendant A was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, etc. at the Daegu District Court on August 8, 2011, 201; Defendant A was released on September 28, 2012; and the parole period expired on November 21, 2012; Defendant A was sentenced to one year of imprisonment with prison labor at the Changwon District Court on November 8, 2013; and the execution of the said punishment was completed on July 16, 2014.

1. Fraud;

Defendant A, along with G, collected personal information from an unspecified number of women who want to take part in elective work using a contract of employment stating their resident registration numbers, etc., and opened opphones in the name of the above women. After obtaining an authorized certificate under the above women’s name by using opphones, Defendant A planned and managed a series of processes to collect the above women’s loans from Internet credit service companies, such as R&C, etc., and to collect and manage the above women’s loans under the above women’s name. Defendant B, along with E, posted a letter to recruit opphones working at the Internet job-seeking site. Defendant B, by providing a personal information file to an unspecified number of women who wish to take part in opphones who wish to take part in opphones, sent personal information such as the above women’s resident registration numbers, etc., personal information collection of opphones to cell phoness, and Defendant C, together with the above women CF, withdrawn the above women’s loans under the above women’s name or opened a mobile account under its own name.

On July 16, 2015, the Defendants received the above-mentioned cash loan from AFG users under the name of AFG users and received the above-mentioned cash loan in the name of AFG users, and then sent AG users a resume to obtain information from AG users to BG users, which is an Internet information site, using the victim's personal information in the name of BG users, and then sent the AG users' personal information in the name of BG users to BG users under the name of 50,000 won, and then sent the AG users' personal information to BG users under the name of 50,000 won under the name of BG users, and then sent the AG users' personal information to BG users under the name of 0,000 won under the name of 3G users, and then sent the AG users' personal information in the name of 5,000 won under the name of the 5G users' online service, and then made the BG users' personal information under the name of the BG users.

Accordingly, the Defendants, in collusion with G, E, and F, acquired 6 million won in the name of AG from the victims, and Defendant A, B, in collusion with G, E, and F, etc. from March 19, 2015 to July 25, 2015, acquired 339 million won in total by the same method over 109 times in total, such as the list of crimes (1), and Defendant C, in collusion with Defendant A, B, and G, E, and E, from April 17, 2015 to July 25, 2015, acquired 27.5 billion won in total by the same method as 91 times in total, including the list of crimes (1) Nos. 19 through 109, and Defendant D, in collusion with Defendant A, B, C, and EF, 205 to July 25, 2015 (200 million won in total). From March 25, 2015 to July 25, 2015.

2. Violation of a special Act on the Prevention of Loss caused by telecommunications-based financial fraud and the Refund thereof;

No person shall enter information or order into a computer or any other information processing device by using other person's information acquired for the purpose of telecommunications gold fraud.

On July 24, 2015, the Defendants entered the personal information and financial information of AG into the above "Surve site" site when they applied for a loan to the "Surve," as described in the above paragraph (1).

As a result, the Defendants conspired with G, E, and F to enter information into a computer or other information processing device in collusion with G, E, and F for the purpose of telecommunications-based financial fraud, and Defendant A, B, from March 19, 2015 to July 25, 2015; Defendant C, in collusion with Defendant A, B, and G, E, and F, in a total of 109 times from July 19, 2015 to July 25, 2015; and Defendant C, in collusion with Defendant A, B, G, E, and F, in a total of 91 times in total, from April 17, 2015 to July 25, 2015; and Defendant D, in collusion with Defendant D, B, G, E, E, and F, in a total of 19 to 105 days of loan or other information processing device using the same information as attached Table 105 to 75 days of loan from May 6, 2015 to July 25.

3. Violation of the Personal Information Protection Act;

No person shall provide a third party with personal information without obtaining the consent of the subject of information.

On July 16, 2015, in collusion with G, E, and F, the Defendants provided a third party with the above personal information by transmitting 16 files, including the name, 7,993 "name, 'resident registration number, 'mail address', 'mail address', and 'resident address', which are data subjects, to AG e-mail in collusion with G, E, and F, and by transmitting them to AG e-mail using AU used by the Defendants.

In addition, Defendant A, B, in collusion with G, E, F, etc. and without the consent of 7,93 persons from March 19, 2015 to July 25, 2015, sent the above files to 55 persons from March 19, 2015 in the same manner to 55 persons under the name of the lending party stated in the attached crime list (2), and provided the above personal information to the above third party. Defendant C conspired with Defendant A, B, G, E, and F, without the consent of 7,93 persons of the above subject of information from April 17, 2015 to July 25, 2015, and provided the above files to 3 persons from around 12 to 54 persons under the name of the lending party stated in the attached list (2) to 3 persons under the same method, and provided the above personal information to the above third party, Defendant C, B, and C, B, and 58 persons from around 201 to July 25, 2015.

4. Violation of the Resident Registration Act.

No person shall unlawfully use another person's resident registration number.

around July 24, 2015, the Defendants conspired to use the resident registration number of AG as indicated in the employment contract from 20th KIM to 20th e-mail from 20th e-mail. Defendant A, B, E, F, etc. In collusion with the above 20th 5th 5th 5th 5th 6th 5th 5th 5th 5th 5th 6th 5th 5th 6th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 5th 2015, Defendant C, in collusion with Defendant A, G, E, E, F, and 4th 5th 5th 5th 5th 2015.

1. The fraud means to collect personal information from many unspecified women who wish to take part in elective work together with G by collecting personal information in a labor contract stating their resident registration numbers, etc. and operate bitphones in the name of the above women. After obtaining an authorized certificate under the above women's name by using bitphones, and then planning and managing a series of processes to collect the above women's loans from the above women's credit service companies such as Ratn Capital, etc., and to collect and manage the above women's loans in the above women's name. Defendant E, along with B, posted a letter to invite son to take part in the Internet job-seeking site. Defendant E, by informing them of the staff of Korea bank and compiling personal information files against the above women who wish to take part in bitphones, and by obtaining personal information such as resident registration numbers, etc. of the above women's resident registration numbers, personal information collection books received from mobile phones, Defendant F and the above women's mobile account transfer to the above women's account under the above women's name or to withdraw it under the above women's name.

around July 16, 2015, the Defendants and G, C, and D applied for a loan of the above AF-based Fund under the name of the victim of the AF-based mobile phone loan, and then sent the AG-based mobile phone number in the name of the victim of the AF-based mobile phone to the AG-based mobile phone loan account, and then sent the AG-based mobile phone number in the name of the 5G-based mobile phone loan to the 2G-based mobile phone loaner under the 3G-based mobile phone loan, and then sent the AG-based mobile phone number in the name of the victim of the AF-based mobile phone to the 10G-based mobile phone loan, and then sent the AG-based mobile phone number to the 2G-based mobile phone (the 2G-based mobile phone number will be removed from the 3G-based mobile phone loan, and then sent the AG-based mobile phone number to the 10G-based mobile phone number to the 2G-based mobile phone address.

Accordingly, the Defendants, in collusion with A, G, B, C, and D, acquired 6 million won in the name of AG from the victims, and the Defendants, in collusion with A, B, etc. from March 19, 2015 to July 25, 2015, acquired 339 million won in the same way through the same 109 times in total, such as the list of crimes (1) in attached Form 1.

2. Violation of the Special Act on Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Victims;

No one shall enter information or orders into computers or other information processing systems using other persons' information acquired for telecommunications-based financial fraud.

Nevertheless, the Defendants and A, G, B, C, and D entered the personal information and financial information of AG into the above 'Schbook' site when they applied for a loan to the Internet credit lending business entity as described in the above 1.

Accordingly, the Defendants, in collusion with AG information acquired for telecommunications-based financial fraud, entered information into a computer and other information processing device in collusion with A, B, G, and other information processing devices, including the Defendants, in collusion with A, B, and B, from March 19, 2015 to July 25, 2015, entered information into a total of 109 information processing devices using the same method, such as computer, etc., by using the information of women who are loan holders, in total, from March 19, 2015 to July 25, 2015.

3. Violation of the Personal Information Protection Act;

No person shall provide a third party with personal information without obtaining the consent of the subject of information.

On July 16, 2015, in collusion with A, G, B, C, and D, the Defendants provided the above personal information to a third party by transmitting 16 files, such as AG e-mail, using AU used by the Defendants, etc., without the consent of the owners of information, including 16 files containing the name of 7,993 "name, such as AT, which is an owner of information," resident registration number, 'resident registration number', 'mail address', 'mail address', 'xlsx', etc.

In addition, the Defendants conspired with A, G, B, etc. and provided the above personal information to the third party to the above third party, without obtaining consent from the above subject of information 7,99, and over 55 times from March 19, 2015 to July 25, 2015.

4. Violation of the Resident Registration Act.

No person shall unlawfully use another person's resident registration number.

On July 24, 2015, in collusion with A, G, B, C, and D, the Defendants illegally used the AG’s resident registration number stated in the employment contract, which was sent e-mail from AG on the part of B, B, C, and D, by stating in the USIM opening application and the loan contract the e-mail was sent.

In addition, in collusion with A, G, B, etc., the Defendants entered the application form for the opening of USIM and the loan contract form at least 58 times from March 19, 2015 to July 25, 2015, 58 persons (55 persons in the name of the loan + three persons who are not the loan holders) indicated in the attached list of crimes (3) in collusion with A, G, B, etc., and the resident registration number and 58 persons in the attached list of crimes (5 persons in the name of the loan + three persons who are not the loan holders) were unlawfully used.

1. Fraud;

The Defendant collected personal information from an unspecified number of women wishing to take part in a labor contract with A, together with A, via a mobile phone in the name of the above women, and opened a mobile phone in the name of the above women. After obtaining an authorized certificate under the above women’s name, the Defendant planned and managed a series of process of lending from the above women under the above women’s name, such as R&C, and E and B, together with E and B, posted a letter of recruitment of part-time working at the Internet job site to recruit part-time working at the Internet job site, and by providing a personal information file to an unspecified number of women who contacted with the above text, as if they were actually employed, the Defendant sent the above women with personal information of the above women, such as their resident registration number, etc., which was written in the employment contract, personal information collection, F, and C, together with the above women’s personal information, sent to him/her a mobile phone, and then withdrawn the above women’s personal information from their own account under the above women’s name or opened a new mobile phone account under the above women’s name.

A. From around 16 July 2015, the Defendant: The Defendant: (a) conspired with the 5G 200,000 won to obtain loan money from the 3G 50,000 won under the name of the said Party’s mobile phone loan; (b) opened the 3G 5G 2G cG cG cG cG cG cG c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c.

2. Violation of the Special Act on Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund for Victims;

No one shall input any information or order into a computer or any other information processing device using other person's information acquired for telecommunications-based financial fraud.

Nevertheless, the Defendant, A, B, F, and C.D entered the personal information and financial information of AG into the above 'Schbook' site when they applied for a loan to the Internet credit lending business entity, as described in the above 1.

As a result, the Defendant, in collusion with A, E, B, F, C, and D, entered information into a computer or other information processing device in collusion with A, E, B, and F for telecommunications-based financial fraud, and the Defendant committed an act of inputting information into a computer or other information processing device, in collusion with A, E, B, and F, etc. from March 19, 2015 to July 25, 2015, by using information about women, who are loan holders, in the same manner, at least 109 times in total.

3. Violation of the Personal Information Protection Act;

No person shall provide a third party with personal information without obtaining the consent of the subject of information.

On July 16, 2015, the Defendant, in collusion with A, E, F, C, and D, provided a third party with the above personal information by transmitting 16 files, including 1 (100), xlsx, and 16 files containing 7,93 "name, such as AT, which is an owner of information," 7,93 "name, resident registration number," 'resident registration number, 'one-day address, 'resident address', 'xlsx, etc., using AU, etc. used by the Defendant, without the consent of the owner of information.

In addition, the Defendant, in collusion with A, E, B, and F, did not obtain consent from 7,93 above data subjects, and sent the files to 55 times in total from March 19, 2015 to July 25, 2015 in the same manner to 55 of the loan holders listed in the attached crime list (2) and provided the above personal information to the above third party.

4. Violation of the Resident Registration Act.

No person shall unlawfully use another person's resident registration number.

On July 24, 2015, the Defendant conspired with A, E, B, F, C, and D, and entered the resident registration numbers of AG, entered in the employment contract in which BG’s e-mail was transmitted from AG via USIM and entered in the loan contract, etc. In collusion with A, E, B, and F, the Defendant denied the resident registration numbers of BG from March 19, 2015 to July 25, 2015. The gist of evidence was to deny the use of the resident registration numbers of 58 persons (55 persons of loan + three persons who are not loan holders) recorded in the attached list of crimes (3) in collusion with A, E, B, and F, etc.

[2015 Highest 2047]

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of examination of the accused A, B, D, and C;

1. An interrogation protocol of the prosecution concerning AV;

1. Each prosecutor's protocol of statement with respect to AW, AX, AY, AC, 0, AZ, BA, and B, 1. BC, BD, BE, BF, BG, BG, BH, VI, AH, BJ, BJ, BM, S, BN, BN, AC, AC, 0, BP, BP, BP, BS, BS, BU, BB, Z, BV, Z, AB, BD, BW, BW, BW, B, B, B, B, B, B, B, C, C, CB, CDA, CD, X, CF, CE, and AG;

1. A copy of each police statement made to CF, AV, CG, CH, BW, and CI;

1. Each written statement of Q, CJ, CK, U, and T;

1. A copy of each written petition or each written petition;

1. Records of seizure and the list of seizure;

1. Each investigation report and each internal investigation report;

1. Details of transactions in each account, recruitment and advertisement of part-time job, employment contract, etc., ledger of loans, etc.;

1. Detailed statement of transactions by account, loan contract, etc., and detailed statement of transactions by account;

1. Previous convictions in judgment: A inquiry inquiry report, such as criminal records, and current status of personal identification and confinement (2015 order 2084);

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol on defendants E and F;

1. The police statement of the AI;

1. Each investigation report and each internal investigation report;

1. Account transaction details, copy of passbook, copy of text message, employment contract, business registration certificate, e-mail copy, photograph, loan transaction contract;

1. A previous conviction in judgment: A inquiry report (F) and the current status of personal identification and confinement (2015 high-level 2271);

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant G concerning the prosecution;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on results of digital evidence analysis;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 347(1) and 30 of the Criminal Act; Article 15-2(1)2 of the Special Act on Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss; Article 30 of the Criminal Act; Article 71 Subparag. 1 and 17(1) of the Personal Information Protection Act; Article 30 of the Criminal Act (a point of providing multiple personal information); Article 30 of the Criminal Act; Article 37 Subparag. 10 of the Resident Registration Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act (a point of using a resident registration number)

1. Aggravation for repeated crimes;

Defendant A and F: Article 35 of each Criminal Act

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Defendant A, B, and C: Article 48(1)1 of the Criminal Act

1. Dismissal of an application for compensation order;

Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc., the sentence of sentence is inevitable for all of the Defendants in light of the following: (a) the Defendants committed a crime against many unspecified job seekers in a systematic and repeated manner; (b) the acquired amount reaches KRW 320 million in total; (c) the method of commission of the crime is planned and intelligent; and (d) Defendant C and D did not pay the amount of loan to X, the person under the name of the Defendant C and D, with any damage other than the payment of the amount corresponding to the loan. However, in determining the sentence against the Defendants, the sentence of sentence is inevitable: (a) the Defendants’ role and degree of participation, details of profit distribution, the same and different criminal records, including the Defendants’ age, character and conduct, family environment, motive and circumstance of the crime; (b) the means and consequence of the crime; and (c) the circumstances after the crime.

Judges

Judges Suhyl-lock