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(영문) 제주지방법원 2020.11.6.선고 2019고단1860 판결

사문서위조,위조사문서행사,업무상배임,사전자기록등위작,위작사전자기록등행사,사기,상해,컴퓨터등사용사기,횡령

Cases

2019 Highest 1860, 2019 Highest 1910 (Joint), 2019 Highest 1981 (Joint), 2019 Highest 2019 Highest 2019 Highest

Provided, That 204(Joint), 2019's 2173(Joint), 2019's 2639(Joint), 2020's 20

Provided, That 157(combined), 2020 largeest 1697(combined), 2020 highest 1729(combined), 2020 largeest 20

1930 (Joint), 2020 Highest 2236 (Joint), 2020 Highest 2309 (Joint)

Forgery of private documents, uttering of private investigation documents, occupational breach of trust, prior person

Incrimination of records, electronic records, etc., fraud, injury;

Fraud by using computers, embezzlement,

Defendant

A

Prosecutor

Kim Jong-soo, Choi Ho-ho, Lee Jong-hee, Cho Jong-hee and Cho Dong-hun (Public Trial)

Defense Counsel

Attorney Park Jong-sik, Mosung

Imposition of Judgment

November 2020, 6.

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal History Office

【Criminal Records】

On November 8, 2013, the Defendant was sentenced to one year for violation of the Punishment of Violences, etc. Act (joint confinement), violation of the Punishment of Violences, etc. Act (joint confinement), fraud, or injury at the Busan District Court, and was sentenced to one year, and completed the execution of the sentence on August 22, 2014.

【Criminal Facts】

1. “Forgery of private documents” - Forgery of private documents, or uttering of private documents;

(a) Forgery of private documents and uttering of private documents dated April 20, 2017;

On April 20, 2017, the Defendant: (a) stated the personal information of each E in mobile (E) in the subscriber column of mobile (including telephone number F, model LGM-G600L), and “G” in the date of birth, using the identification card of E (24 years of age) that is an employee retired from office for the purpose of exercising, and (b) exercised one copy of the application form for subscription under the name of E, a private document on rights and duties, signed and sealed the name of the applicant column at the end of the above application form, signed and sealed the name of the applicant column at his/her own discretion, thereby forginging one copy of the application form for subscription under the name of E, which is a private document on rights and duties, and on the same day, using the forged application form to submit it to the employee under the name of the State

(b) Forgery of private documents as of September 9, 2017 and uttering of private documents;

On September 9, 2017, the Defendant entered an application form for entry to exercise at the place described in the above paragraph (a) and entered personal information of E (24 years of age), such as telephone number H and model LGM-K120L) at the date (24 years of age). On the end of the above application form, the Defendant arbitrarily signed and sealed E’s name at the end of the above application form and forged the mobile one copy of the application form for entry, which is a private document concerning rights and duties, and exercised the forged application form by submitting it to the employees under the jurisdiction of the Co., Ltd. on July 7, 2018.

On July 7, 2018, the Defendant: (a) stated the personal information of E (25 years of age) in the mobile (number, H, and model LM-G710N) for the purpose of exercising the above paragraph at the location described in the foregoing paragraph (a); (b) arbitrarily signed and sealed E’s name at the end of the above application for subscription; (c) forged one mobile application form, which is a private document on rights and obligations, and used the forged application form by submitting it to an employee under the Non-Name of AC.

(d) Forgery of private documents and uttering of private documents dated August 13, 2018;

On August 13, 2018, the Defendant entered an application form for entry to exercise at the place described in the above paragraph (a), and entered personal information of E (25 years of age), such as telephone number F, model LM-X410L, at the same time as described in the above paragraph (a). On the end of the above application form, the Defendant arbitrarily signed and sealed E’s name at the end of the above application form, thereby forging a mobile copy of the application form for entry, which is a private document related to rights and obligations, and, on the same day, exercised the forged application form and mobile mobile by submitting it to the employees under the Non-Name C’s name.

(e) Forgery of private documents and uttering of private documents dated August 29, 2018;

On August 29, 2018, the Defendant entered the personal information of E (25 years of age) in the service application form (mannet, TV, and I) for the purpose of exercising the above paragraph at the location described in the above paragraph (a), and exercised the service application form, which is a private document concerning rights and obligations, by arbitrarily sealing it on the E’s name stated at the end of the above application form, and forging a copy of the application form, which is a private document concerning rights and obligations, and, on the same day, submitted the service application form 1) to the employees under the jurisdiction of the Bank of Bankruptcy Co., Ltd.

2. "2019 Highest 1910- Occupational Breach of Trust;

The Defendant, a C agency in the Jeju city of the Operation of the Victim J (32 years of age), worked as the team leader from November 2017 to September 15, 2018, and sold mobile phones and Internet products to customers visiting the said store, and maintained and modified contracts. The Plaintiff shall be held responsible for the occurrence of loss to the subscribers due to illegal or unjust business activities at the place where the Plaintiff entered into an agency contract with the Dispute Resolution Co., Ltd., and when selling mobile phones, the agent shall not be held responsible for the occurrence of loss to the subscribers. In addition to the official discount program of the Dispute Resolution Co., Ltd., the Defendant shall not engage in any act of deceiving the subscribers or intentionally engaging in any unlawful or unfair conduct, thereby causing loss to the subscribers. Thus, in the process of attracting new subscribers, it shall not be opened through a new method, such as inducing payment of the pre-existing installment savings, etc. to the customers.

On November 1, 2017, the Defendant violated the above occupational duties at the above location, and even if he received the existing mobile phone from the customer, the Defendant solicited K to open a new mobile phone to the effect that “if he returns the mobile phone and opens a new mobile phone, he would be able to settle all the remaining installments and penalty after disposing of the returned mobile phone, if he returns the mobile phone and opens the new mobile phone, he would be able to settle all the remaining installments and penalty,” and even if he was issued the previous mobile phone, he did not pay for the fixed amount of the mobile phone and the above approximately KRW 1,07,430.

In addition, from November 6, 2017 to September 11, 2018, the Defendant had 77 customers visiting the said store open a new mobile phone through the said method as shown in the attached Table of Crimes (1) and received an existing mobile phone device from them, but did not pay the total amount of installments and penalty of 28,675,068 won, thereby causing the said victim to pay it on behalf of the said victim, thereby incurring property damage equivalent to the said amount. The Defendant received 77 new mobile phones fees and acquired property profits equivalent to the said amount.

3. The term "2019 Highest 1981" - - the fabrication of private documents, the uttering of a falsified investigation document, the writing of private electromagnetic records, and the uttering of a falsified or electronic records, etc.;

(a) Forgery of private documents and the display of private documents;

(1) On October 31, 2018, the Defendant: (a) stated N's driver's license, which was kept for the opening of the mobile phone at Jeju L for the purpose of uttering; (b) stated N's license, which was kept in the phone number column for the opening of the mobile phone without the N's consent, "P", "N on the customer's name, "N on the date of birth", " Q, " Q, on the date of birth", "S on the bank/Account number column; (c) stated "S on the bank/Account number column; (d) "N on October 31, 2018; (e)" in the subscriber column; and (e) submitted a forged application for the purchase of the N's private document under the name of N on the rights and obligations to a private person; and (e) submitted it to a forged employee under the name of M on the same day.

(2) At the time, at the time, and place specified in the above paragraph (1) above, the Defendant entered 'T', 'N in the phone number column for customer name, 'N in the customer name column', Q, ****** in the bank or account number column, 'S', 'N in the bank or account number column', 'N in October 31, 2018 in the date of application, 'N', 'N in the subscriber', and 'N in the subscriber column', 'one copy of the application for membership in the name of the N in the private document, which is a private document, for the purpose of exercising the N's license. On the same day, the Defendant submitted a forged application for membership in the name and non-employee of M on the same day.

(b) Events, such as writing, electronic records, etc.; and

(1) Around February 9, 2018, the Defendant entered the KGM-V300 L (product name L-V30) application into the mobile subscriber column of the model name LGM-V300 L (product name L-V30) which was stored in the table for the purpose of handling the affairs using N's driver's license that was kept for the opening of the mobile phone without the consent of N(20 years of age) in Jeju-si B, and submitted the application form to the employees of the KGM-V on the date of birth, Q, address column, Q, address column, subscription number column, 'U', 'U' in the subscription number column, 'N' in the subscription number column, 'N in the subscriber column', and 'N in the subscriber column', 'N' in the name subsequent to the entry, 'N', the prior recording of rights and obligations, and submitted the application form for the exercise of the rights and obligations to the employees of the KGM on the same day.

(2) On August 21, 2018, the Defendant entered “N”, “N”, “W”, “V”, “V”, “V” in the subscription number column, and “N” in the subscriber column, and “N” on August 29, 2018 on the date of application, and entered “N”, “N” in the subscriber column, “N”, “N”, the prior recording of rights and obligations, which was a prior recording of the date of application, for the use of N’s driver’s license that was kept for the opening of the mobile phone without the consent of N (20 years of age). On the same day, the Defendant submitted a mobile application for the purchase of N’s name, the prior recording of rights and obligations, which was stored in the tables PC.

4. "2019 Highest 2004 - Fraud, or injury;

(a) Fraud;

On July 15, 2019, the Defendant: (a) made a false statement to the effect that “I will sell 200,000 won if I were sold,” even if I did not have any intention or ability to pay the sales price, even if I did not have any particular profit to purchase me from the victim W (hereinafter referred to as 46 years of age),” and (b) made a false statement to the effect that I would like to contact the above victim, “I will give 20,000 won if I were sold.”

(b) Injury;

On August 9, 2019, the Defendant assaulted the said victim on the ground that the victim’s Z (n, 27 years of age) was in parallel with the Defendant’s examination, and had the said victim’s Z (n, 27 years of age) go beyond the flooded floor, and committed an injury to the said victim, such as hynas, which requires approximately two weeks of treatment.

5. "Freshions, electronic records, etc." - "Freshions, electronic records, etc., and frauds;

(a) Any event, such as writing, electronic records, etc.;

(1) On August 15, 2018, the Defendant entered the AB’s personal information on the subscriber column of telephone number, model name SM-J301 (AC, model name SM-J301) and “AD” on the date of birth in order to make administrative affairs handled in the CB, which is a C agency in Jeju-si, and exercised the aforementioned written application for subscription by means of entering the AB’s name and seal in the “AB’s name and seal in the “AB” column, and transmitting the written application for subscription to the AB’s name and seal in the “AB’s name and seal” in the “AB” column at the end of the above application for subscription, and on the same day, using the CE system, using the CE system, the aforementioned written application for subscription.

(2) On August 17, 2018, the Defendant entered an application form for subscription, which was stored in the tables PC without the consent of AB (hereinafter referred to as 25 years of age) for the purpose of handling affairs at the places specified in the above Paragraph (1) above, and entered the personal information of AB in the column of the subscriber of Home Service (ranet, TV), 'AB', and 'AD' on the date of birth, and 'AB' into the column of the above application form. On the same day, the Defendant arbitrarily signed the name of AB in the column of the applicant at the end of the above application form, signed and sealed the name of AB in the name of the prior recording of rights and obligations, and exercised the Home Service 1 in the way of transmitting the home Service to the employees under the name under the jurisdiction of AE system, which is a telecommunication system.

(3) On August 21, 2018, the Defendant entered “AB” and “AD” personal information in the column of the subscriber of the mobile phone (including telephone number AF, model name SM-N960N) and “AB” in the date of birth, which were stored in B B (hereinafter referred to as “AB”) without the consent of the CB (hereinafter referred to as 25 years of age) for the purpose of interfering with administrative affairs at the places described in the above paragraph (1). On the same day, the Defendant arbitrarily signed the name of AB in the column of the applicant at the end of the above subscription, signed and sealed the name of the applicant at his/her own discretion, and subsequently exercised one mobile copy of the application for subscription in the name of AB, a prior recording of rights and duties, using the CE system, to transmit the mobile application for subscription as mentioned above.

(b) Fraud;

On August 23, 2018, the Defendant stated that “AB (n, 25 years of age) calls from the victim and “the company will have a problem.” On the following day, if the Defendant borrowed money, he/she will make a full payment.”

However, there was no problem with the company, and even if the defendant borrowed money from the above victim, the defendant was intended to use it for the repayment of personal debt, such as card payments, communication fee payments, etc., and the debtor was not in arrears with the credit card amounting to seven million won at the time, and there was no intention or ability to pay the money normally following the above victim.

As above, the Defendant, by deceiving the said victim, received 70,000,000 won from the said victim’s account (AG) to the financial institution account (AG) in the name of the said victim, and by deceiving the said victim from August 1, 2018 to August 27, 2018 as stated in the attached crime list (2), and acquired the said victim’s total sum of 14,690,000 won from the said victim.

6. "Fraud by the use of computers, etc."

On September 29, 2019, the Defendant: (a) received from the children of the said victim the cell phone in the said victim’s name at the Jeju-si apartment and AJ, which is a residence of the said victim AH (n, 28 years of age); (b) removed the core chip containing personal information from the said victim’s children; (c) changed the payment method by accessing AK to the cell phone in the said victim’s mobile phone machine without authority; and (d) obtained financial benefits equivalent to the said amount by settling the game money in total amount of KRW 495,000 on nine occasions by accessing AH games, which is the main place of the said victim’s residence.

7. “Fraud 2020 Height 157. - Fraud, computer, etc.;

(a) Fraud;

On October 10, 2019, the Defendant called the victim AL (the age of 27) by phoneing to the victim at the end of Seopopopopos (the age of 27), and called the “to close the door immediately. I do not need any mechanism. If the Defendant terminates three days after opening the cell phone in the name of the driver, it is difficult to do so. If the Defendant opens the cell phone in the name of the driver, it means the fee, Dora, Dora, and Dora,” and the above victim asked to read the “I will not pay the mobile phone fee, or if I will terminate the cell phone after the lapse of three days after the opening of the cell phone.”

However, the Defendant did not operate the cell phone store at the time, even if he opened the cell phone in the above victim’s name, he did not cancel the cell phone after three days, but intended to dispose of the cell phone device to other persons, and did not have any particular profits at the time, so there was no intention or ability to pay or terminate the cell phone fee.

As above, the Defendant, by deceiving the above victim, obtained identification cards and credit card passwords necessary for opening the cell phone from the above victim, and using them, 2 mobile phone units (AM/LGU-2), the sum of market prices in the above victim’s name, is equivalent to KRW 2,893,00,00 (AM/LGU-2), and acquired them through a mobile phone unit (N, 10+512G AO).

(b) User of computers, etc.;

On October 29, 2019, the Defendant: (a) purchased an c30,000 won of 50,000 Ncos, 275,000 won of 50,000 won of 20,000 won of 118,90,000 won of 20,000 won of 330,000 won of 330,00,000 won of 330,00 won of 330,00 won of 330,00 won of 33,00,00 won of 33,00,00, without the consent of the settlement of small amount from the victim AL (the age of 27,00; and (b) purchased 118,90,00 won of 425,00 won of 330,00 won of 330,00 won of 330,07,797, etc. of 30

(a) Fraud against AP;

(1) On September 4, 2019, the Defendant: (a) at the construction site of AP located in AP at Jeju, and (b) on the mobile phone of the victim AP (year 22) for lack of any particular profit, and (c) falsely stated that “AP (year 22) was unable to make a repayment of such small amount; (d) he/she would make a payment for the following month after he/she did not have any intent or ability to do so; and (e) he/she got a cell phone machine from the said victim, and installed and connected the AS AS game game machine to use it with the Defendant’s AS ID, thereby obtaining pecuniary benefits equivalent to the said amount by making a small payment nine times.

(2) On October 4, 2019, the Defendant: (a) made a false statement to the victim AP (year 22)’s mobile phone due to lack of any particular profit; (b) provided that, even if the Defendant did not make such payment, he/she would have the intent or ability to pay the amount thereof; (c) provided that, “I would have to pay the amount in the following month after he/she made the payment of the amount in the following month, I would have to do so after he/she made the payment in the following month after he/she made the payment in the said victim’s mobile phone; and (d) installed the He/she set up and connected the He/she’s mobile phone game for the He/she was using the said AS ID with the Defendant’s seal affixed; and (d) acquired pecuniary benefits equivalent to the amount of KRW 495,000 by making a small payment in nine times.

(3) On September 21, 2019, the Defendant received KRW 200,00 from Jeju City (hereinafter referred to as “SaU”) around September 21, 2019, even if he/she received KRW 200,00, he/she received from the said victim a phone call from the said victim who had lived in the telecom even though he/she did not have the intention or ability to normally release him/her, and thereby, “AU would be aware of the original room.” As a guarantee, he/she received KRW 200,000 from the said victim to the account (AU) of the Defendant’s name on September 21, 2019.

(4) On October 1, 2019, the Defendant: (a) made a false statement that, even if there was no particular profit in the AV agency located in the name of the victim AP (the age of 22) due to lack of intent or ability to pay a mobile phone fee; (b) obtained a pecuniary benefit equivalent to the said amount from the said victim by obtaining a resident registration number and a credit card number from the said victim by opening the mobile phone in the name of the said victim; and (c) did not pay a total of KRW 3,485,948, including an installment payments, and did not pay a total of the mobile phone charges in the said victim’s name.

(5) On October 2019, the Defendant: (a) around May 2019, in the AY located in Jeju City, there was no working loan; and (b) even if there was no intention or ability to pay a mobile phone fee opened in the name of the victim AP (the age of 22) due to the absence of any particular profit at the time, the Defendant was prepared to make the said victim available for operating loans; (c) if there were more than two mobile phones in the four names, he would make it possible for the said victim to arrange all the damages incurred during the said period, including the mobile phones opened at a time after preparing the money. The said victim made the said victim open two mobile phones (BA, BB) in the name of the said victim; and (d) did not pay a total of the mobile phone charges, including the payment of the mobile phone charges, and acquired economic benefits equivalent to the said amount.

(b) Fraud against the victim BC

(1) On November 2017, the Defendant: (a) at C’s agencies located in France (hereinafter referred to as Jeju) around November 2017, the Defendant already paid the said payment of the said payment of the said payment of the said payment of the said payment of the said payment for some customers; (b) the Defendant’s monthly salary alone was not in charge of the said payment of the said payment; and (c) even if the said payment of the mobile phone was returned from the victim BC (25 years old), it was terminated even if he did not have the intent or ability to normally pay the remaining payment of the said victim; and (d) by making contact with the said victim, “The mobile phone S8 + that has been used for the existing time is returned; (c) if new subscription was made, the cell phone would be terminated; and (d) the remaining payment of the said victim would be processed at all.”

(2) Around June 2018, the Defendant had already paid charges, such as installment payments, of other customers, and had been tightly paid charges to some customers. On the basis of the Defendant’s monthly salary alone, the Defendant obtained a mobile phone device from the victim BC (the age of 26) with the phone in spite of the victim’s failure to have the intent or ability to normally pay the remainder of the payment of the said victim’s mobile phone even if he/she was returned to the previous user from the victim BC (the age of 26), and then he/she obtained the mobile phone device from the said victim, which read as “I would pay the remainder of the machine. If he/she returned the previous mobile phone set8, he/she would pay the remainder of the machine, and change it to a new mobile phone.”

9. "Fraud".

On December 4, 2019, the Defendant told the victim BF (year 21) to open the cell phone in the name of the victim, and then terminated two to three days after the opening of the cell phone in the name of the victim, and received the opening incentives at the sales store.

However, the defendant opened a mobile phone in the above victim's name and planned to use the mobile phone sales proceeds for personal purposes after selling the mobile phone, and did not intend to terminate two to three days or to divide incentives to the above victim.

Nevertheless, the Defendant, by deceiving the above victim and being provided with information necessary for opening the cell phone, such as a copy of identification card and a credit card password, from the above victim. On the same day, the Defendant, at the Internet mail order store of the same day, obtained the above victim by opening 11 (BH) of a gallon-phone (BH) equivalent to 1,738,00 won at the market price and 10 (BH) at the above victim’s name. - Embezzlement and fraud

(a) Embezzlement;

Around May 2020, the Defendant lent one unit of cellular phone (three galgal lusium S10) owned by the said victim from the victim BI (the age of 28) and kept it in custody, and intended to dispose of it to others. On May 27, 2020, the Defendant arbitrarily sold it to BK in the same manner as indicated in paragraph (b) and embezzled the said victim’s property.

(b) Fraud;

The defendant had access to BJ, which is a trading site of used goods at the 2020, 5, 27. On the gallon, the defendant posted a letter "S10+256 pop jun at the gallon," and reported the victim BK (the age of 41) who called the victim BK (the age of 41) on the street in front of the BL hotel at the Jeju city."

However, the above mobile phone is not the defendant, but the defendant did not have the right to dispose of the above mobile phone with BI as described in the above A.

Nevertheless, the Defendant deceiving the above victim and deceiving him from the above victim.

It acquired 330,000 won from BN account (BO) in the name of the person, by transfer as the sales price of cell phone.

11. "Falchis, electromagnetic records, etc." - - Falchis, electromagnetic records, etc.;

On July 3, 2018, the Defendant: (a) opened a mobile phone in the name of BR in the name of the victim, who is a customer, in Jeju-si, BP; (b) used the above victim’s identification card to pay mobile phone devices using the computer; (c) used the victim’s name and resident registration number to enter the above victim’s name; (d) used the victim’s identification card; and (e) used the above victim’s name and the information on payment of the purchase price in the name of B Q, a prior record of rights and obligations; and (e) exercised the forged prior record by transmitting the same date to the non-member under the name of C, as if the record was duly formed.

12. "20 highest 2309" - around 2020, 5,21, at Jeju city, the accused sent the victim BS (n, 21 years old) who became aware of the Internet game to "Kakaooke on the water side" and said that "I will not set back money on the water side. If I send money to the customer of a drinking water instead of sending money to him/her, I will pay money immediately to him/her."

However, in the event that the defendant is unable to pay monthly rent, etc. due to the absence of any particular profit, he only borrowed money from the above victim to use it as a monthly rent, etc., and he did not have the intent or ability

Nevertheless, the Defendant, by deceiving the above victim as above, received 400,000 won from the above victim to the BU bank account in the name of BT at the same time and acquired pecuniary benefits.

Summary of Evidence

[2019 Highest 1860]

1. Statement made by the defendant in this court;

1. Statement of statement E prepared by the police officer;

1. Entry of a written appeal in E preparation;

1. Each description of the mobile output of each application for subscription and the output of the service application form [2019 order10];

1. Statement made by the defendant in this court; 1. Statement of the suspect interrogation protocol on the defendant prepared by the public prosecutor

1. Statement made by J among the second interrogation protocol (J and confrontation) of the accused in the police preparation as to the accused;

1. Statement of statement made by the police officer to J; and

1. Statement in a petition filed by the complainant D for the settlement of disputes;

1. To enter into an investigation report prepared by the prosecution (to hear statements from customers via mobile phones);

1. Each investigation report prepared by the prosecution (attached a written entrustment of services / Attachment of a written entrustment of services / Documents to be attached) shall be written (including documents to be attached);

1. Each investigation report prepared by the police (including attached documents) on each investigation report (including refusal to appear of a suspect and submission of data on additional damage to a complainant; / Receipt of specific/agency contracts related to fraud and occupational breach of trust);

1. Each fact-finding certificate, each damage compensation certificate, each statement of each damage amount compensation, each account statement, each sales commission payment statement, customer's request for performance of civil petition, identity theft verification, and each statement of each juvenile subscription application form;

1. The output of the Kakakao screen, and each image of the output of the screen on the end of each subscriber group;

[2019 Highest 1981]

1. Statement made by the defendant in this court;

1. Statement of the N in the police preparation;

1. Statement in a complaint filed by the N Preparation;

1. Statement of investigation report (the confirmation of additional criminal facts of a suspect via a complainant) prepared by the police;

1. A copy of the original payment order, a detailed statement of each claim fee, a copy of the application for subscription, a copy of the results of inquiry about the details of entry and departure transactions, guidance on the details of subscription, and each entry in the mobile output of each application for subscription [201Da2004];

1. Statement made by the defendant in this court; 1. Each statement made by the police officer in each protocol of suspect examination of the defendant;

1. The written statement of the police preparation document, each statement of the Z, and each statement of the Z;

1. Entry in Written complaint;

1. A report on investigation into police preparation (includingCCTV images, photographs, and accompanying documents) and images (including accompanying documents);

1. Report on internal investigation of police preparation (including attachment of photographs of damaged parts of the victim) and images (including attachment documents);

1. Entry of a medical certificate with respect to the preparation of the BV-2;

1. Each image of the output of X car page, and text messages;

[2019 Highest 2173]

1. Statement made by the defendant in this court; 1. Statement of the suspect interrogation protocol on the defendant prepared by the public prosecutor;

1. Statement made by the police officer AB of the statement;

1. Each statement in a complaint filed by the AB;

1. Each investigation report prepared by the police (including a complainant, a statement of account transfer, a mobile application, and other evidentiary documents / The result of execution of a warrant of seizure applying the trends of the financial account / The response to the consent to provision of financial information to the BW bank account under the name of the suspect / Each statement (including attached documents) of the suspect;

1. Certificates of each transaction, a detailed statement of each deposit transaction, a detailed statement of payment of fees (general) and each statement of claim by each account (2019Sang2639);

1. Statement made by the defendant in this court;

1. Statement made by the police officer with AH on the statement;

1. Entry in a petition filed for the preparation of AH;

1. Each investigation report prepared by police (in the form of a charge claim / The victim AH telephone communications / The method of claiming communications charges and the verification of the procedure for identification on the method of claiming communications charges);

1. Statement on the AS Settlement Service Details (2020 high group 157);

1. Statement made by the defendant in this court;

1. Statement of statement made by the police officer on the AL;

1. Description of a complaint filed for the preparation of the AL;

1. Entry and video (including attached documents) of investigation reports by police officers (which shall be accompanied by a record of telephone conversations between the parties at the time of the case and by a Kakao photograph);

1. Guidance on the details of each subscription, a detailed statement of each claim fee, each ledger certificate (won to certify subscription to communications services), each 0 new subscription application form, output of each item, details of charges for each item, and each entry into the details of small payment;

[200 Highest 1697]

1. Statement made by the defendant in this court; 1. Statement of the suspect interrogation protocol on the defendant prepared by the public prosecutor

1. Each statement made by the police officer against AP. BC;

1. Each description of each complaint filed in the AP and BC preparation;

1. Making entries in a report on recording of telephone recording or recording records in 2X preparation of the Jeju District Public Prosecutor's Office (including records of records);

1. To enter into an investigation report prepared by the prosecution (victim AP's telephone recording and hearing statements);

1. Each investigation report prepared by the police (matters to be verified by the complainants) / Submission of a statement of complainants and details of account transactions / Attachment of a written application for admission - Submission of a written application for admission (including attached documents); and

1. Investigative report (verification of popon market prices) prepared by the police;

1. Each request form for charges, the current status of subscribed commodities, output of each newly subscribed application form, a detailed statement of each claim fee, details of transactions, and recording;

1. Images of the output of the Kakao Stockholm screen;

[200 Highest 1729]

1. Statement made by the defendant in this court;

1. Statement of statement concerning BF prepared by the police;

1. Statement in the BF statement;

1. Entry and video (including attached documents) of investigation reports (Submission of data by a victim) on police preparation;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Each receipt output, each of 0 copies of application for termination, each of which is printed, each of which is printed, each of which is printed on details of each subscription, and each of which is printed on expected charges (202 high group 1930);

1. Statement made by the defendant in this court;

1. Each statement made by the police officer with respect to BK and BI;

1. Statement in the petition filed by BK;

1. Each report on internal affairs prepared by the police (the confirmation of the actual owner of the main mobile phone in the middle and middle transactions / the specific owner of the main mobile phone);

1. Each description of outputs for inquiry into the IMO identification number (IMF) and a detailed statement of deposit transactions;

1. Images of outputs of the Kakao Stockholm message screen;

[20 Highest 2236]

1. Statement made by the defendant in this court; 1. Statement of the suspect interrogation protocol on the defendant prepared by the public prosecutor

1. Statement made by the police about Q Q in Q; and

1. Entry in a written complaint filed by Q Q; and

1. Notice of lawsuit (Notification) and each entry of printed materials of credit insurance information cards;

1. Videos of the output of the screen for managing the special engineer’s port;

[200 Highest 2309]

1. Statement made by the defendant in this court; 1. Statement of the suspect interrogation protocol on the defendant prepared by the police;

1. Statement of statement concerning BS prepared by the police;

1. Statement on the petition for the preparation of BS;

1. To make a report by the police on internal investigation (Analysis of the warrant answer applicable to the account trend);

1. A remittance certificate printed out, each free savings deposit account trading protocol, and each specification of transactions;

1. Documents printed out of the screen of each Kakao Stockholm message, and images printed out of the detailed details of transactions;

【Prior Records at the Time of Sales】

1. Statement of inquiries into police preparation;

1. To enter the current status of acceptance by individuals in the preparation of prosecution;

Application of Statutes

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

○ 1-A through (e) of the judgment No. 1-A, each E’s private document is forged, and the third-A of the judgment.

Article 231 of each Criminal Code (Selection of Imprisonment with Labor), which forges private documents under each N:

Of the 1-A through 5-2 of the holding, the use of a falsified investigation document in each E's name, and the use of a falsified investigation document in each N's name among the 3-A-2 of the holding: Articles 234 and 231 of the Criminal Code (each choice of imprisonment with prison labor)

Each point of the judgment No. 2: In addition, the records of the pre-written names of each N in Article 356 and Article 355(2) of the Criminal Code are forged, and the records of the pre-written names of each AB in Article 5-1 of the judgment are forged, and the records of the pre-written names in Article 11 of the judgment are forged: Article 232-2 of the Criminal Code (Voluntary Selection of Imprisonment).

No. 3-b. of the judgment of the court, the use of a falsified electronic record in each N's name, and No. 5-A of the judgment.

The use of electronic records in the name of each AB, and the use of electronic records in the name of B Q in the judgment No. 11: Articles 234 and 232-2 of each Criminal Code (Appointment of Imprisonment with labor);

The point of No. 4-A, No. 5 of the judgment, No. 5 of the attached Table No. 7 of the judgment, No. 7 of the judgment, No. 8-A (3) through (5) of the judgment, each point of No. 8-B of the judgment, No. 9 of the judgment, No. 10-B of the judgment, and No. 12 of the judgment: Article 347(1) of the Criminal Code (Appointment of imprisonment with prison labor).

○ Decision 4-B: Article 257(1) of the Criminal Act (Optional to Imprisonment)

Of the 5-B(2) of the holding, each point of the sequence 1 to 4 of the annexed list of crimes (2): Article 347(1) of the Criminal Act (the choice of imprisonment) shall be inclusive.

Each point of No. 6 and each point of No. 7B of the ruling: Each comprehensive of each point is Article 347-2 (Determination of Imprisonment with Labor) of the Criminal Code

(A) Each point of Article 8-1 (1) of the judgment: Comprehensively, each point of Article 347(1)(a)(2) of the Criminal Act No. 8-2(a) of the judgment of the court: Article 347(1) of the Criminal Act (Selection of Imprisonment): Article 347(1) of the Criminal Act (Selection of Imprisonment): Article 355(1) of the Criminal Act (Selection of Imprisonment):

1. Aggravation for repeated crimes;

○ Each crime of No. 1-A: Article 35 of each Criminal Code

1. Aggravation for concurrent crimes;

○ Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment for Crimes of Occupational Breach of Trust in Article 2 of the Judgment with the most severe Punishment and Offense) of the Criminal Act

The reason for sentencing is that each crime of this case is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are set, and the crime of uttering of the above investigation document or the crime of uttering of the above investigation document, the punishment of each crime of forgery of private document, and the crime of use of computer, etc., and the special provisions of the standards for handling multiple crimes are applied to "Fraud crime and fraud of use of computer, etc." and "occupational breach of trust and embezzlement". However, according to the application of the special sentencing criteria, the private document crime is a basic crime and concurrent crime 1,2).

[Scope of Punishment by Law] One month from 15 years to 15 years (for each crime under Article 1-1 (A) at the time of sale, referring to the case where a repeated crime is aggravated as to each of the following crimes:

[Determination of Punishment] Crimes of Private Document, Forgery, Alteration, etc. of Private Document, Type 1 (Counterfeit, Alteration, etc. of Private Document)

[General Convicts] - Reductions: Serious reflects

-Aggravations: A repeated offense (less than 10 years after the completion of enforcement) where a person who has forged, altered, etc. uses the relevant forged or altered document;

[Scope of Recommendation] Basic Field, 6 months to 2 years concurrent Crimes 1] The Forgery of Private Document No. 1-B of the Decision (Uttering of Private Document shall be treated as Sentencing)

[Determination of Punishment] Crimes of Private Document, Forgery, Alteration, etc. of Private Document, Type 1 (Counterfeit, Alteration, etc. of Private Document)

[General Convicts] - Reductions: Serious reflects

-Aggravations: In a case where a person who made a forgery, alteration, etc. uses the relevant forged or altered document [the scope of recommendations] basic area; in a case where a person who made a forgery, alteration, etc. uses the relevant forged or altered document, six months to two years from 2 years from 2 years from 2 years to 2), the Forgery of Private Document 1-

[Determination of Punishment] Crimes of Private Document, Forgery, Alteration, etc. of Private Document, Type 1 (Counterfeit, Alteration, etc. of Private Document)

[General Convicts] - Reductions: Serious reflects

- Aggravations: Where a person who has made a forgery, alteration, etc. uses the relevant forged or altered document;

[Scope of Recommendation] Basic Field; Imprisonment with prison labor for 6 months to 2 years; imprisonment for 6 months; imprisonment for 6 months to 3 years; imprisonment for 8 months (=year + 1 year + 8 months); imprisonment for 2 years

In addition to the first head of the judgment of the defendant, on July 2, 2009, the first head of the judgment of the defendant was 20,000 won or a summary order of 50,000 won was issued by the same court on September 4, 2009 as a crime of violation of the Punishment of Violences, etc. Act (joint injury), violation of the Punishment of Violences, etc. Act (joint injury), and violation of the Punishment of Violences, etc. Act (joint injury), and violation of the Punishment of Violences, etc. Act (joint injury), and 30,000 won or more for fraud from the same court on August 27, 2013; the defendant was sentenced to a summary order of 50,00 won or more for the crime of assault by the same court on August 27, 201; the defendant was sentenced to a fine of 20,000 won or more for each of the above crimes in violation of trust relationship; the defendant was sentenced to punishment of 20,000 won or more for each of the victim's profits acquired by embezzlement.

○ Such circumstances are determined as ordered by taking into account all the circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the instant pleadings.

It is so decided as per Disposition for the above reasons.

Judges

Judge Choi Sung-chul

Note tin

1) The prosecutor stated in the indictment of the case No. 2019Kadan1860 that “application for mobile phone mobile subscription” was “application for mobile subscription,” but recorded in the middle of the case.

According to the statement of section 23 to 33, it is obvious that the application is a clerical error in the written service application. Accordingly, the defendant's acknowledgement as such.

Since it is judged that there is no substantial disadvantage to the defense of the defendant, the above facts constituting the crime are stated without amendment procedures.

section 30.

2) In the indictment of the case 2020 Godan157, the prosecutor stated “gallon No. 10 flus” as “gallon No. 6 of the evidence records of the case.”

According to the machinery system, it is clear that it is a clerical error in the “AM/LGU”. Accordingly, such recognition is substantial for the defendant’s defense right.

Since it is judged that there is no disadvantage, the above facts constituting the crime should be stated without the amendment process.

3) In the indictment of the case of 2020 Godan1697, the prosecutor stated “S8++300,” but the prosecutor stated 3rd 12, 190 of the evidence records of the case.

According to re-examination, it is obvious that such recognition is a clerical error of "No.8". Therefore, it is substantially impossible to defend the defendant's right to defense.

Since it is judged that it does not cause any gain, the above facts constituting the crime should be stated without the amendment process.

(4) ① The point of No. 4-A of the holding, the point of No. 5-B of the holding, the point of No. 6 of the holding, the point of No. 7 of the holding, and the point of No. 8 of the holding, and

The 32,246,298 won in total of 32,246,298 won in the case of fraud by using computers, etc.

· Application of special rules for handling multiple crimes

[Determination of Punishment] Fraudulent Crime, General Fraud, Type 1 (less than 100 million won)

【General Convicts】

Reduction element: Serious reflect

-Aggravated factor: A criminal conviction for a like crime that does not constitute a repeated crime (less than 10 years after the completion of its execution);

[Scope of Recommendation] Basic Field, Imprisonment with labor for six months to one year and six months

Now, occupational breach of trust, embezzlement (amount of breach of trust and embezzlement total amount of 29,005,068 won) of the 10-Ga referred to in the Decision 2-Ga and the 10-Ga

Application of Special Rules of Processing Criteria)

[Determination of Punishment] Embezzlement and Breach of Trust, Embezzlement and Breach of Trust, Type 1 (less than 100 million won)

【Special Convicted Persons】

Aggravations: Where the Criminal Code is extremely poor;

- Mitigation elements: In a case where punishment is not imposed or considerable damage is recovered;

【General Convicts】

Reduction element: Serious reflect

-Aggravations: Criminal records of fraudulent crimes which do not constitute repeated crimes (less than 10 years after the completion of enforcement).

[Scope of Recommendation] Basic Field, Imprisonment of 4 months to 1 year and 4 months

(3) Injury to the point of No. 4-B in judgment

[Determination of Type] Violence Crimes, General Bodily Injury, Type 1 (General Injury)

【Special Convicted Persons】

- Mitigation elements: Minor injury, non-conformity of punishment

【General Convicts】

- Mitigation elements: Serious reflect

-Aggravations: previous convictions (less than 10 years after completion of enforcement) not constituting repeated offenses;

[Scope of Recommendation] Special Mitigation Zone, one month of imprisonment to 10 months