2015 Mada860 A. Fraud

(b) Magion;

1. A. B. A (81 years, South China), and non-permanent,

2. A. B (89,000,000,000)

Park Jong-hee (Court Prosecution) (Court of Justice) and Kim Jong-Un (Court of Justice)

Attorney Park Jae-ho (Apon for all of the Defendant)

September 10, 2015

Defendants shall be punished by imprisonment with prison labor for one year and six months.

However, with respect to Defendant B, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

The name-in-factor is the total responsibility of the Singishing organization that receives the money from an unspecified number of victims by misrepresenting himself/herself with an investigative agency, and is the cash withdrawal of each of the above positions in inside ○○, Defendant A, and Defendant B.

The members of the above nameless boxes, the above ○○○○, Defendant A, Defendant B, and the above Bosing organization were first transferred with the head of the Tong by an insular means from those who are not members of the organization, such as Jin and king, and then deceiving victims by misrepresenting them to the investigation agency, inducing them to do so, using smartphone-scoping displays, leading them to spread to the victims of the stored victims' known body and images by using such methods as inducing the victims to do so, and letting them spread to the victims of the stored victims, they were transferred money from the victims to the above Jinscoping and king account, and they were waiting for the victims to withdraw the money immediately after receiving the cash transfer from the victims to the victim's final withdrawal, and then, they were waiting for the victims to immediately withdraw the money from the above victims to the account of Jinscop and king, and they were waiting for the victims to immediately withdraw the money by the phone or other means.

1. Fraud;

The Defendants conspired to deceiving an unspecified number of victims as above 3: from 0,000 to 7: 15,000, the above 30,000 Won from 7,000,000 won to 3:7,000,000 won of the above 1:3,000 won of the above 1:6,000 account transfer from 7,000,000 won to 3,000,000 won of the above 7,000,000 won to 3,000,000,000 won to 7,000,000,000 won to 3,000,000 won to 7,000,000 won to 3,000,000 won to 3,000,000 won to 16,000,000 won to 16,000,000 won to 36,01.

As a result, the Defendants received property by deceiving the victim in collusion with the ○○○ and the above-mentioned persons.

2. Magion;

The Defendants, as seen above, sent 1 to 00 won to 1: 2. 5 p.m. 5 p.m. : 10 p.m. 5 p.m. : 20 p.m. 10 p.m. 20 p.m. 5 p.m. 1: 1.m. 6 p.m. 20 p.m. 10 p.m. 1.m. 3 p. 5 p.m. 1.m. 5 p.m. 3 p.m. 1: 10 p.m. 5 p.m. 1.m. 2.m. 1.m. 5 p.m. 2: 10 p.m. 6m. 1m. 3m. 3 p.m. 5m. 1.m. 20m. 1m. 3m. 3m. 3m. 1.m. 3m. 1.m. 3m.m.

As a result, the Defendants were provided property in collusion with the Defendant and the above-mentioned and the above-mentioned persons.

Summary of Evidence

Omission

Application of Statutes

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

Defendants: Articles 347(1), 30(a) and 30(a) of the Criminal Act; Articles 350(1) and 30(a) of the Criminal Act

(2) The choice of each imprisonment with labor

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act

Reasons for sentencing

1. The scope of the sentencing guidelines recommended by the Defendants

(a) Fraud

[Scope of Recommendation Form]

Type 1 (less than KRW 100 million) basic area (from June to three years)

[Aggravated Punishment (Aggravation)]

Where a crime is committed for an unspecified or unspecified victim or for a considerable period of time;

(b) Magion;

[Scope of Recommendation Form]

Type 1 (less than KRW 3,00,000). In addition, the weighted area (from October to June 2)

[Person under Special Leave]

Cases of repeatedly committing a crime against unspecified or large number of victims or over a considerable period of time;

* The scope of final sentence due to the aggravation of multiple offenses: 1 year and six months to 4 years and three months;

【Determination of Sentence】

2. Defendant A

The fact that the defendant is led to confession and reflect, that some of the money was deposited for victims, that there was no record of criminal punishment in the country, that the degree of participation in each of the crimes of this case is not much severe, that the gain acquired is not significant, and that the family members of the defendant want to take a preference while the defendant's guidance is being taken.

However, each of the crimes of this case is a so-called "Sishing" crime. The crime of this case is a criminal who has significant impact on society through fraud between individuals beyond the level of fraud between individuals, including, but not limited to, the maximum use of the circumstances where it is impossible to arrest and punish the criminal organization staying abroad of our judicial institutions. This crime is determined by taking into account the following: (a) a person who does not take the account of fraud or the remittance of money from the victims by telephone; (b) a person who executes a deceptive act or fraud through telephone; (c) a person who withdraws money remitted from victims or directly receives money from victims; and (d) a person who transfers money to the total books, etc.; and (e) a person who receives money from victims; and (e) a person who receives money from victims; and (e) a person who receives money from victims; and (e) a person who receives money from an unspecified number of unspecified persons; and (e) a person who receives money from other foreign organizations, such as a systematic, planned crime, and (e) a person who has considerable social damage.

3. Defendant B

As seen earlier, although the nature of the instant Bophishing crime is not good, the sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, family relationship, background of participation in the crime, relationship with A, circumstances before and after the crime, etc., such as the fact that the Defendant is making a confession and against the Defendant, that some of the victims deposited money, that there was no record of criminal punishment in the Republic of Korea, that the degree of participation in the instant crime was not severe, and that the acquired profit was not significant.

Judges Lee Gyeong-won

Attachment omitted