(a) Commercial inducement;

(b) Fraud;

(c) Computer, etc. fraud;

(d) Embezzlement;

(e) Forgery of private documents;

(f) Exercising a falsified investigation document;

2.2.B

3.2.C

Attorney E (Defendant B, Defendant C)

However, with respect to Defendant C, the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

To order Defendant C to provide community service for 120 hours.

【Criminal Power】

Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on September 17, 2014, and the judgment was finalized on December 27, 2014, and the execution of the sentence was terminated on December 31, 2014.

Criminal facts

"2017 Gohap367"

1. Crimes committed by F and G-related Defendants

A. Defendant A’s sole criminal conduct

The Defendant had access to F (L, 19 years old), G (L, 18 years old), which is a intellectual disabled person who became aware of online games, had a person with intellectual disability gain profits by selling them in a second class after opening a mobile phone under his/her name, or getting him/her to get a loan after getting him/her go through the Internet games.

(1) Fraud related to the new opening of a mobile phone

On February 24, 2017, the Defendant made a false statement to the effect that “F will pay a charge if the Defendant opened a cell phone in the name of “F” at an agency of the victim Scom Telecom located near Gangnam-gu Seoul, and that F would not make a normal judgment due to a cadastral disorder, and F would have a staff member in the name of the victim applied for the opening of a cell phone, thereby deceiving the victim, and then, he was issued a KRW 2 million amount of the market price of Aphone 2.0 million from the victim.

In addition, from around that time to March 13, 2017, the Defendant acquired a total of KRW 8 million through F and G using the aforesaid method as indicated in the crime sight table 1.

Table 1

A person shall be appointed.

2) Inducement for profit

The defendant used the fact that the victim F and G have a intellectual disability, had the victims go out of the hospital, and went into the hospital, etc., and had the victims receive loans under the name of the victims and received various benefits, such as using at will, etc.

On March 2017, 2017, the Defendant: (a) told the victims in the vicinity of Gangnam-gu Seoul Hamman, who met themselves as if they were the head of K, and (b) led the victims to be able to work independently at home, and (c) let them work independently at home. The Defendant induced the victims to go home on the following grounds: (a) he did not work in a fluenent manner to his family; and (b) she

Accordingly, the defendant induced victims of intellectual disability for profit-making purposes.

(iii) F or G-owned mobile phone fraud

On March 13, 2017, the Defendant made a false statement that “A mobile phone with a cellphone changed from the victim F and G to a 'portable phone' in the influence room in Gangnam-gu Seoul L, Seoul. However, the Defendant received a cell phone from the victims to use the cell phone.”

As such, the Defendant, by deceiving the victims, received one cell phone owned by the victims from the victims at the same time, and acquired them by deceit.

(iv) frauds related to F and G deposits;

On March 14, 2017, the Defendant came to know that the deposit is in the bank account in the above victim G and F name in Gangnam-gu Seoul N-gu, Seoul, the Defendant made a false statement that he will withdraw money from the passbook and transfer it to the national bank account on the face of the week.

However, the fact was that the victims found their deposits and the defendant thought to use them at will.

As such, the Defendant, by deceiving the victims, received 330,00 won from the victim G on March 14, 2017, 150,000 won on March 15, 201, 21.30,000 won on the same month, 22.30,000 won on the 22.30,000 won on the 20,000 won on the 21.333,00 won on the 20,000 won on the 21.7,00 won on the 21.

B. Joint criminal conduct by Defendant A and B

The Defendants explained as necessary for G to seek work, and asked the lending company to apply for the loan, and conspired to divide the loan by receiving the loan from G through the one-time work loan that G would get the loan as if it were in the workplace.

Accordingly, at around 13:00 on March 16, 2017, the Defendants provided the above G’s authorized certificate to Defendant B, which was issued by the bank like the above G, as the above G, in advance, and Defendant B contacted one P who arranged the “work loan” to confirm the lending company as if the above G was in the workplace, and as if the above G was actually loans to the above P company, the victim assistance bank and the victim bank applied for a loan by telephone.

However, the above G did not enter the workplace, even if the loan was granted, the defendants planned to use the loan, and did not have the intent or ability to repay the loan.

The Defendants conspired to induce victims as such, and received 3 million won each from the new bank account in the name of the above G G managed by the Defendant A for the same day from the victims.

C. The Defendants’ co-principal

The Defendants explained as necessary to seek work at work to F and asked the lending company to apply for the loan, and the lending company conspireds to take part of the loan by receiving the loan from F through the ‘one-time work loan’ method as if the above F were in the workplace.

On March 21, 2017, the Defendants provided the above F’s authorized certificate to Defendant B, which was issued by the bank as the above F, in advance at the PC near the PC station in Gangnam-gu, Seoul. Defendant B contacted the above P and confirmed the loan company as if the above F was in the workplace, and requested the above P to make a loan on behalf of the lending company, and Defendant C applied for a loan to the victim Hyundai Savings Bank, a loan company, by telephone, as if the above F was actually loans by means of conversations with the employees of the lending company as if the lending company was the above F.

However, the above F did not attend the workplace, even if the loan was granted, the defendants planned to use the loan, and there was no intention or ability to repay the loan.

The Defendants conspired to induce the victim as such, and were transferred KRW 9 million to the Nong Bank account in the name of the above F, managed by the Defendant A for the purpose of March 22, 2017 and loans from the victim.

2. Other exclusive crimes of Defendant A.

2017 Gohap401

A. Fraud against the victim Qua

On September 24, 2015, the Defendant stated that Q would be paid back to the victim Q on the following day if the Defendant lent KRW 700,000 to the victim Q, which was near the territory of the territory of the territory of the Nam-gu Incheon Metropolitan City. However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money.

The Defendant, as such, by deceiving the victim, received 700,000 won from the victim.

(b) Embezzlements for victims Q Q;

On September 25, 2015, the Defendant: (a) was in the middle of the Jeju metropolitan area located in, and near, a motor vehicle trading business establishment in, Nam-gu, Incheon; (b) was using the RR car with the market price of KRW 6.9 million, which was purchased by Q, to Jeju-do; and (c) was transferred to and kept in custody by the victim; (d) around that time, the Defendant embezzled the said motor vehicle by arbitrarily disposing of the said motor vehicle to the person who was not the party who

(c) Fraud by using computers, etc. against victims S;

On November 5, 2015, the Defendant received a false statement from the PC located in the trade name in Gwanak-gu, Seoul Special Metropolitan City, that “I will use and return the PC (U)” from the PC located in Gwanak-gu, Seoul Special Metropolitan City. After purchasing the amount equivalent to KRW 110,000 by accessing the Internet game in the name of the Defendant to the ' community original', which is the Internet game, and paying the amount to the victim's above cell phone through the settlement agency system of the 'Guggggley', and then, the Defendant acquired economic benefits equivalent to the said amount by entering information into the information processing system, such as computer, without authority, by paying the total sum of KRW 1,889,920, as shown in attached Table 2 of Crimes List 19.

(d) Fraud related to mobile phones;

On November 5, 2015, the Defendant: “S will give 80,000 won per week in the opening of the mobile phone under the four names”; S used the mobile phone and acted as if it would pay the price normally; and offered the mobile phone to the Defendant as a whole.

1) On November 6, 2015, the Defendant visited the mobile phone sales store near the entrance of the subway Station No. 7 in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, to open and use the mobile phone, and was committed as if S would normally pay the fee, and opened the mobile phone in the name of S from the victim El Umplus Co., Ltd., Ltd. and opened the mobile phone in the name of approximately KRW 800,000,000.

Accordingly, the defendant deceivings the victim and received approximately KRW 800,000 mobile phones from the victim.

2) On November 9, 2015, the Defendant visited S, a mobile phone sales store located near Gwanak-gu in Seoul Special Metropolitan City, and opened and used S’s mobile phone, and opened the mobile phone in the name of S as if S would normally pay the fee, and received approximately KRW 800,000 from S’s case, one cell phone in the amount of KRW 80,000,000.

Accordingly, the defendant deceivings the victim and received approximately KRW 800,000 mobile phones from the victim.

3) On November 12, 2015, the Defendant visited, as S, a mobile phone sales store in Gwanak-gu in Seoul Special Metropolitan City, and opened and used the mobile phone, and opened the mobile phone in the name of S as if S would normally pay the fee, and received approximately KRW 800,000 from S (AB) mobile phone sales store in the name of S (AB).

Accordingly, the defendant deceivings the victim and received approximately KRW 800,000 mobile phones from the victim.

(e) Forgery of private documents, uttering of falsified investigation documents, and fraud;

On November 5, 2015, the Defendant prepared an application for joining a mobile phone in the name of S, using the photograph of a driver's license delivered by the said S, and tried to defraud the mobile phone.

1) On November 17, 2015, the Defendant stated “S” on the part of the subscriber column in the mobile phone sales store of “AD” located in the Daegu-gu mobile phone sales store, as the viewing pen of the mobile phone sales contract, “S” on the part of the subscriber column, and then forged four copies of the AG, AH, AI, and AJ mobile phone sales contract in the name of S, AE, Daegu-gu, and the applicant and the subscriber column.

2) The Defendant submitted four copies of the forged mobile phone mobile phone sales contract to the employee of the named mobile phone sales store who was unaware of the forgery at the time and place specified in the foregoing paragraph (1) as if they were genuinely formed.

3) As described in the above paragraph (2), the Defendant issued four copies of the forged S mobile phone contract as normal, and received four mobile phones in the name of S from the victim Kti Co., Ltd., and immediately acquired four cell phones from the above employees and acquired them by fraud.

"2017, 402"

F. Fraud against the victim Hyundai Capital Corporation

On December 2, 2012, the Defendant: “AK will give KRW 5 million upon purchasing and transferring a motor vehicle under the name of D”; and AK used to purchase a motor vehicle by lending money from the victim Hyundai Capital Co., Ltd.; and used to purchase a motor vehicle by acting as if the loan would be repaid normally, and conspired to purchase the motor vehicle and transfer it to the Defendant.

In collusion with AK on December 28, 2012, the Defendant: (a) purchased one car car at AM K5 car agency located in Gangseo-gu Seoul Metropolitan Government on December 28, 2012; and (b) obtained a loan, the Defendant was issued KRW 26.1 million by the victim as the monthly interest rate of KRW 5.9% per annum for 36 months, even if the Defendant did not have any intent or ability to repay the loan; and (c) received KRW 26.1 million per annum from the victim as the purchase price for a car.

Accordingly, the defendant was given 26.1 million won as a loan by deceiving the victim.

"2017 Highly 869"

(g) A fraud by using computers, etc. for victims designated;

On May 13, 2016, the Defendant settled a mobile cultural product right of 500,000 won in total over 29 times as shown in the attached Table 3 with a cell phone (AO) from which a victim's DNA was lost at an insular place (hereinafter referred to as "AO") and made the victim claim fees from the victim's cell phone.

Accordingly, the defendant obtained property benefits equivalent to the same amount by inputting information without authority and making it processed.

(h) Fraud by using computers, etc. against victims AP;

On July 25, 2016, the Defendant received the victim’s mobile phone (AR) from the PC bank of W Q Q in front of the exit No. 2 in Gwanak-gu in Seoul Special Metropolitan City around July 25, 2016 to the victim’s mobile phone (AR) and then paid the victim’s mobile phone amounting to KRW 400,000,000 from that time to August 31, 2016, the Defendant paid the victim’s mobile phone amounting to KRW 1,206,200 in total with additional services and claimed the victim’s mobile phone charges.

Accordingly, the defendant obtained property benefits equivalent to the same amount by inputting information without authority and making it processed.

Summary of Evidence

1. Defendant (Witness) and the remaining Defendants’ respective legal statements

1. Each legal statement of witness S, AK, and AS;

1. Statement by the prosecution against AP;

1. Each police protocol of statement of the police in relation to AT, AU, F, G, and Q;

1. Investigation report (to hear statements by AV telephone for reference);

1. Entry into and existing applications for joining the mobile phone;

1. Investigation report (3. 16. 16. SC Bank loans withdrawals), CCTV images closures;

1. Investigation report (related to the illegal opening of the cell phone in the name of the victim), investigation report (Submission and attachment of details of small-sum settlement of the victim);

1. Details of each account transaction, - a certificate of termination of a loan, - an application for a loan, - a photograph of mobile phone settlement and a small-sum settlement;

1. - The photograph of the content of conversations from Facebook;

1. Previous convictions indicated in judgment: Criminal history records, etc. and investigation reports (verification of the same criminal records and repeated crimes);

Application of Statutes

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

A. Defendant A: Article 347(1) of the Criminal Act; Article 34(1) of the Criminal Act; Article 288(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 347(1) and Article 30 of the Criminal Act; Article 35(1) of the Criminal Act; Article 355(1) of the Criminal Act; Article 347-2 of the Criminal Act; Article 231 of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 234 of the said Act (the use of each private document by computers, etc.); Article 347(1) of the said Act (the use of each private document); Article 347(1) of the said Act (the use of each private document); Article 347(1) of the said Act (the use of each private document to victims)

B. Defendant B: Articles 347(1) and 30 of the Criminal Code

C. Defendant C: Articles 347(1) and 30 of the Criminal Act

1. Formal concurrence1);

Defendant A: Articles 40 and 50 of the Criminal Act (the punishment prescribed for a crime of using a forged AG mobile phone contract with the largest criminal situation, between fraud of each mobile phone fraud against F and G, the punishment prescribed for a crime of fraud against victim F with the heavier criminal situation, among the crimes of uttering of each falsified investigation document, and the punishment prescribed for a crime of using a forged AG mobile phone contract with the largest criminal situation)

1. Selection of punishment;

Defendants: Imprisonment Decision

1. Aggravation for repeated crimes;

Defendant A: Article 35 of the Criminal Act (with respect to all other crimes except frauds against Hyundai Capital Stock Company)

1. Handling concurrent crimes;

Defendant A: the latter part of Articles 37 and 39(1) of the Criminal Act (trade between frauds and frauds for Hyundai Capital Stock Company of the Victim)

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (excluding fraud against the victim Hyundai Capital Stock Company, each other, except for the crime of fraud, penalty, and concurrent crimes committed against the victim F with the largest penalty);

(b) Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of fraud against the Victim Hyundai Savings Bank with the largest criminal situation)

1. Suspension of execution;

Defendant C: Article 62(1) of the Criminal Act (The consideration of favorable circumstances among the reasons for sentencing below)

1. Probation and community service order;

Defendant C: Article 62-2(1) of the Criminal Act

Reasons for sentencing

1. Defendant A

(a) The scope of punishment by law;

(a) Crimes of No. 2: Imprisonment with prison labor for not more than ten years;

2) The remainder of the crimes listed in the holding: Imprisonment of one month to thirty years;

(b) Application of the sentencing criteria (as to each of the crimes listed above): 2)

(a) Basic crimes and concurrent crimes: Each profit-making inducement crime; and

[Determination of Punishment] In the case of kidnapping and inducing human trafficking (including concealment, transfer to a foreign country, solicitation, and transfer of transportation), the type 2 of the ‘Act on Indecent Conduct, Tact, Marriage, Marriage, Kidnapping and Inducement for Profit-making.'

[Special Aggravation] Aggravations: Where the victim is under 13 years of age or is in a state of physical or mental disability;

[Scope of Recommendation] Imprisonment of two years and six months to four years and six months

(b) Second concurrent crimes: Fraudulent crimes 3);

[Determination of Type 1] General Fraud (less than KRW 100,000)

[Special Aggravations] Aggravations: Cumulative Cumulative Offense

[Scope of Recommendation] Aggravated Punishment, one year to two years and six months

3) Scope of recommendations based on the guidelines for handling multiple crimes: Two years and six months to seven years;

(c) Determination of sentence;

1. A crime listed in paragraph 2 of the judgment: Imprisonment with prison labor for not less than six months;

2) The remainder of the crimes indicated in the reasoning of the judgment: The following four years of imprisonment shall be taken into account, and the defendant's age, character and conduct, growth process, environment, motive, means and consequence of the crime, various sentencing factors shown in the arguments of this case, including the circumstances after the crime, and the scope of the recommended sentencing guidelines shall be determined as ordered by taking into account the following factors

【Unfavorable Circumstances】

The Defendant: (a) had been enticed for 10 days with intellectual disability victims F and G for profit; (b) had committed fraud, embezzlement, etc. against multiple victims; (c) in light of the method of crime, the number of victims, and the amount of damages; (d) the Defendant made efforts to ensure the convenience of the victims, such as paying hotel accommodation expenses to the victim F and G; (b) it appears to have been for additional crimes using the above victims; (c) the Defendant actually tried to commit a "work loan" in the name of the victim G on the date of arrest; and (d) the said victims threatened them; and (d) around March 15, 2017, the victims did not appear to have reached an agreement with the victim to commit a crime; and (d) the Defendant did not have reached an agreement with the victim even if the victim G was involved in a traffic accident; and (e) the Defendant acquired the victim’s chips from the victim; and (e) the Defendant did not have been subject to criminal punishment at all during the time of the arrest and loan of the Defendant.

【Free Circumstances】

The Defendant recognized and reflected all facts, and cooperates in the investigation process, such as actively making statements about the crimes committed by the accused. The Defendant repaid KRW 400,00 to the victim AP, and the Liber car, the embezzlement-related goods, was returned to Q. The Defendant seems not to complete health conditions, such as the continuation of arrest.

2. Defendant B

(a) The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

(b) Application of the sentencing criteria;

[Determination of type 4] General Fraud 1 (less than KRW 100 million)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months to 1 year and 6 months

C. Determination of sentence: Determination of sentence shall take into account the following circumstances for one year of imprisonment and take into account the defendant's age, character and conduct, process of growth, environment, motive, means and result of the crime, various factors of sentencing as shown in the arguments in this case, and the scope of recommended sentences in sentencing guidelines, and shall be determined as ordered by considering the following circumstances:

【Unfavorable Circumstances】

In addition, according to the Defendant’s police and legal statement, G police statements, and CCTV-caping photographs, etc., even if it is recognized that the amount of profit was divided, the Defendant did not continuously receive any benefit, and did not make any specific statement about the person behind his/her judgment, and did not seem to have changed even though he/she had been detained. Defendant C was involved in this crime, and Defendant A was arrested on the day he/she was arrested, and the Defendant attempted to commit the crime of fraud by attempting to “work loan in the name of G.” The Defendant escaped from the Defendant under the arrest of Defendant A, and the Defendant went away from the Defendant, and the Defendant was left alone for about 21 hours. The Defendant did not receive criminal punishment but did not reach an agreement with the victims on each of the instant crimes even if he/she was sent over 13 times but did not recover at all.

【Free Circumstances】

The Defendant recognized the alternative factual relations from the time of arrest. The Defendant was 19 years of age and became the sexual side.

3. Defendant C.

(a) The scope of punishment by law: Imprisonment with prison labor for not more than ten years; and

(b) Application of the sentencing criteria;

[Determination of Type 1] General Fraud (less than KRW 100,000)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months to 1 year and 6 months

C. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for one year following the following conditions shall be taken into account, and the defendant's age, character and conduct, growth process, environment, motive, means and result of the crime, various sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines shall be determined as ordered by the sentence.

【Unfavorable Circumstances】

On the day when Defendant A was arrested, the Defendant continued to commit fraud by attempting to “work loan in the name of G”. “Work loan” is not good in the course of committing the instant crime, such as insulting or threatening remarks to the F, etc. For the purpose of “work loan.” Although there was no record of criminal punishment, the Defendant was discharged from the Juvenile Reformatory (No. 10) around 2014, and went back to the instant crime without having been discharged from the Juvenile Reformatory. Around 2016, the Defendant did not reach an agreement with the victim and did not completely recover from the damage.

【Free Circumstances】

Defendant generally recognizes factual relations. The Defendant did not actively lead and plan the crime, and simply shared the monetary act with employees of Hyundai Savings Bank, etc., the degree of participation in the crime is weak. Even if it is unclear whether there exists any profit gained from the crime, the amount does not seem to be much more than the upper Defendants. The Defendant became an adult as 19 years of age.

Judges in the order of precedence

Judge Kang Dong-hun

2) The crime No. 2 of the holding is a concurrent crime under the latter part of Article 37 of the Criminal Act and does not apply to the sentencing criteria.

3) The sentencing guidelines stipulate that the type of crime shall be determined on the basis of the sum of the amount of profit for the same concurrent crime of fraud, and where the document forgery is accompanied by the crime of forgery as a result of the crime of fraud, it shall not be treated as a majority of the crimes, but be treated as a sentencing factor only.

4) The sentencing criteria set a type of fraud crime on the basis of the sum of the amount of profit for the same concurrent offense.

A person shall be appointed.

A person shall be appointed.