2019 early 248, 261, 273, 323, 330, 354, 440, 458, 465, 472, 490;

524, 618, 619 Application for a compensation order

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

8. I

9. J.

10. K;

11. L;

12. M:

13.N

14. 0

Seized evidence 1 to 15 shall be confiscated.

Defendant: 300, 000, 352,000, 752, and 000, c, an applicant for compensation, to Defendant B, who is an applicant for compensation;

The applicant for compensation shall be 550 won, 000 won, 223,000 won, 223,000 won, and the applicant for compensation to D who is the applicant for compensation.

F Fraud to F 210,00 won, defraudation to G who is an applicant for compensation, 330, 000 won, and H who is an applicant for compensation.

gold 530,000 won, 150,000 won, 150 won, 000 won, 380, 000 won, and 380, 000

Won, 560, 000, 154, 000, 1500, 1500, 200, 200, 30

170, 000 won, 550, 000 won, and e.g., the applicant for compensation to the public M, who is the applicant for the compensation.

In addition, 804,00 won shall be paid respectively.

All applications for compensation filed by B, C, E, K, and M are dismissed.

Each compensation order above may be provisionally executed.

On June 3, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Ulsan District Court on October 15, 2016 and was sentenced to one year and six months of imprisonment with prison labor for fraud, etc. at the same court on December 15, 2016, and the said judgment became final and conclusive on January 4, 2017, and completed the execution of the final sentence at the port prison on June 16, 2018.

“2019 Highest 926,”

The Defendant did not have the intent or ability to sell or exchange goods via the Internet. On October 30, 2018, the Defendant connected the Defendant’s smartphone to the Internet ○○○○○○○ website using the Defendant’s smartphone, and sold the said goods “after having given written comments,” the Defendant said that he would deliver the said goods to the victim P who reported and contacted, and was transferred KRW 250,000 from the victim’s Daegu Bank account (****) in the name of the Defendant on the same day.

In addition, from March 5, 2019 to March 5, 2019, the Defendant received a total of KRW 53,937,800 from the victims to the victims, or acquired them by fraud, by delivery of a package trading amounting to KRW 1,00,000 at the market price.

2019 Highest 1759

On January 21, 2019, the Defendant accessed the Defendant’s smartphone ○○○○’s website using the Defendant’s smartphone her smartphone in Ulsan-gu, Ulsan-gu, and posted a notice to the effect that “I sell smartphone (opphone 6S)” on the bulletin to the effect that I would sell smartphone (opphone 6S) for KRW 1.30,00 won.

However, the defendant did not have the above smartphone, so there was no intention or ability to sell the smartphone to the victim.

On January 22, 2019, the Defendant, by deceiving the victim as above, received KRW 130,00 from the victims a total amount of KRW 14,111,00 from the victims over 57 times until March 12, 2019, from the SC bank account (7*****) in the name of the Defendant, and received KRW 130,00 in the above smartphone payment from the victims, and received KRW 14,11,00 from the victims each time.

“ 2019 Highest 225,”

On December 22, 2018, the Defendant accessed the Defendant’s smartphone to the Internet Nurier’s “○○○” site using the Defendant’s smartphone in Ulsan-gu, Ulsan-gu, and posted a letter “I sell smartphones” on the bulletin board, and reported and contacted the letter “I sell smartphones for KRW 2.50,00.”

However, the defendant did not have the above smartphone, so there was no intention or ability to sell the smartphone to the victim.

On December 22, 2018, the Defendant, by deceiving the victim as above, received 250,000 won from the K Bank Account (02*******) in the name of the victim from the victim, and received 1,180,000 won in total from around six times until March 12, 2019.

Summary of Evidence

Omission

Application of Statutes

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

Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Article 48(1) of the Criminal Act

1. Declaration of compensation order and provisional execution;

Articles 25(1) and 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

1. Partial rejection of an application for compensation;

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

The amount of each corresponding damage recognized as criminal facts of the judgment concerning the application for compensation of E, K, and M.

in excess constitutes a direct physical damage due to the Defendant’s principal offence.

as the scope of liability is not clear, and is not accepted)

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Type] Fraudulent Crime 01. General Fraud / [Type 1] below 100 million won

[Special Aggravations] Aggravations: for unspecified or large number of victims, or

When committing a crime repeatedly over a period, the same repeated offense

[Recommendation and Scope of Recommendations] Special Priority, Imprisonment with labor for one year to three years;

3. Determination of sentence:

In the crime of this case, the defendant used the Internet site for trading of used goods, and acquired money from an unspecified number of victims who intend to purchase used goods, such as smartphones, Nowon-gu, home page, game machine, etc. repeatedly over a considerable period of time. The crime of this case is likely to change the mobile phone number from time to time to time with multiple core cell numbers and multiple core chips for the crime of this case, opening several hundreds of financial accounts, purchase a hives Internet account ID, etc. The crime of this case is closely and planned, and it is extremely poor for victims and victims to be punished for the same crime of this case. The victim of this case has been sentenced to imprisonment with prison labor for 250 times in total, and the total amount of damage to the Internet is extremely high, and it is extremely high that the total amount of damage to the Internet is more than 70,000 won in total and more than 10,000 won in consideration of the circumstances at the time of the crime.

In addition, the fact that the defendant recognized all of his own crimes and is in violation of depth, the individual damage amount of each of the crimes in this case is not significant, the small scale is expected to have been repaid to some victims after the crime in this case, and the health condition is not good due to uneasiness and depression disorder, bipolartic disorder, water surface disorder, etc., and the growth has been made in an unstable family environment. This is the fact that the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, the circumstances after the crime, etc., and all other circumstances, which are the conditions for the punishment as shown in the records and arguments, shall be determined as ordered by the order.