Defendant

Kim Jong-dae (Court) and Lee Jong-young (Court of Justice)

Attorney Kang Jong-ho (Korean National Assembly)

Applicant 1 and 2 others

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 11 shall be confiscated.

The defendant paid 350,00 won to 2 applicant for compensation, 300,000 won of fraud damage, 300,000 won to 1 applicant for compensation, and 60,000 won of fraud damage to 3 applicant for compensation.

The above compensation order may be provisionally executed.

【Criminal Power】

On April 17, 2015, the Defendant was sentenced to a fine of KRW 500,00 as a crime of fraud at the Seosan Branch of the Daejeon District Court on September 9, 2015, to a fine of KRW 1.5 million as a crime of fraud on December 23, 2015, in the Seocheon Branch Branch of the Incheon District Court on December 23, 2015, to a fine of KRW 1.5 million as a crime of fraud from the Seocheon Branch Branch of the Incheon District Court on November 10, 2016, and on October 27, 2017, the Defendant was sentenced to imprisonment of KRW 1 year and four years for a crime of habitual fraud from the Seocheon Branch of the Incheon District Court on October 27, 2017, and completed the execution of the said sentence in the Suwon Prison on December 28, 2018.

【Criminal Facts】

1. Habitual fraud;

On January 14, 2019, the Defendant: (a) visited the Internet portal site “○○○○○○○” camera; and (b) made a false statement to Nonindicted 43, the victim Nonindicted 43, who contacted the Defendant, sent the contents of the order of the contact admission ticket using the picture board to the victim, and sold the above ticket. However, the Defendant did not have the above contact admission ticket; (c) even if he received money from the said victim, the Defendant did not have any intent or ability to sell the ticket.

As such, the Defendant, by deceiving the victim, received KRW 240,00 from the victim’s agricultural bank account (Account No. 1 omitted) in the name of the Defendant, to transfer KRW 240,00 from such time to March 30, 2019, and received KRW 23,123,500 in total as the sales proceeds of contact admission tickets from the victims 74 times in total, as shown in the attached list of crimes, from around that time.

Accordingly, the defendant was provided property by deceiving victims habitually.

2. Violation of the Electronic Financial Transactions Act;

No person shall transfer or acquire the means of access to any electronic financial transaction.

On March 2019, the Defendant: (a) expressed his intention to purchase the passbook using the telegram Megsenssenger for the purpose of committing the crime under the above paragraph (1); (b) deposited KRW 800,000 to Nonindicted 44 one bank account (Account No. 2 omitted); and (c) received the passbook and the check card at home.

Accordingly, the Defendant acquired the passbook and physical card, which is the means of electronic financial transactions.

3. Violation of the Telecommunications Business Act;

No person shall use telecommunications services provided to a mobile communications terminal in the name of another person by opening a mobile communications terminal that enters into a contract for the provision of telecommunications services, on condition that he/she provides or lends funds, or use telecommunications services for the collection of the relevant funds.

The Defendant purchased a mobile phone in the name of another person from a person who was unaware of his/her name to avoid tracking the investigation agency, etc. to use it during the crime under the above paragraph (1). On January 2019, the Defendant used 600,000 won and purchased chip from a person who was unaware of his/her name known through the Google website (on hand omitted) which was opened in the name of Nonindicted Party 1, and used chip purchased from a person who was unaware of his/her name, and from February 17, 2019 to April 2, 2019, the Defendant used the purchased USIM chip by attaching it to A8 mobile phone in his/her possession.

Accordingly, the Defendant opened a mobile communications terminal that entered into a contract for the provision of telecommunications services in another person’s name on the condition of providing funds, and used telecommunications services provided to the mobile communications terminal.

1. Defendant's legal statement;

1. Defendant 2, Nonindicted 45, Nonindicted 46, Nonindicted 47, Nonindicted 48, Nonindicted 10, Nonindicted 50, Nonindicted 15, Nonindicted 1, Nonindicted 51, Nonindicted 52, Nonindicted 53, Nonindicted 54, and Nonindicted 5 (Appellant 5), Nonindicted 56, Nonindicted 57, Nonindicted 58, Nonindicted 60, Nonindicted 61, Nonindicted 62, Nonindicted 64, Nonindicted 65, Nonindicted 66, Nonindicted 67, Nonindicted 9, Nonindicted 19, Nonindicted 10, Nonindicted 40, Nonindicted 10, Nonindicted 10, Nonindicted 40, Nonindicted 10, Nonindicted 40, Nonindicted 10, Nonindicted 10, Nonindicted 40, Nonindicted 10, Nonindicted 40, Nonindicted 10, Nonindicted 40, Nonindicted 71, Nonindicted 72, Nonindicted 73, Nonindicted 88, Nonindicted 78, Nonindicted 97, Nonindicted 78, Nonindicted 98, Nonindicted 78, Nonindicted 78.

1. Investigation report (verification of a telephone number used for committing a crime), investigation report (verification of a file of storage of an USB No. 11 of the seized articles), closure photographs, investigation report (verification of the situation of purchase of a telephonephone and a large passbook), and photographic materials;

1. Each certificate of confirmation, each letter on sales at ○○○○○○, each letter, each confirmation letter on remittance results, each service use confirmation statement, each transaction statement, each transaction statement, each transfer confirmation, each transfer confirmation, each sales report on △△△△△△△△△△△, each transfer confirmation statement, each transfer confirmation statement, each transfer confirmation, each transfer confirmation, each transfer confirmation, details of transfers, each deposit certificate, and each statement of written consent to provide financial information

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Previous records of judgment: Results of confinement of prisoners, criminal records, investigation reports (Attachment of judgment, etc. on related cases), list of related cases, and judgment;

1. Habituality of judgment: dampness recognition in light of the records of each crime, the frequency of crimes, the frequency of crimes, etc. as shown in the judgment;

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

Articles 351 and 347(1) of the Criminal Act (a), Article 49(4)1 of the Electronic Financial Transactions Act, and Article 6(3)1 (a) of the Electronic Financial Transactions Act, Article 95-2 Subparag. 2 of the Telecommunications Business Act, and Article 32-4(1)1 of the Telecommunications Business Act (a point of using telecommunications services in the name of a third party), each of imprisonment options.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Orders for compensation;

Articles 25(1), 31(1) and (2) (Article 25(1), 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 25(1), 31(1) and (2) (Article 25(2) of the Act on Special Cases Concerning Compensation

1. Declaration of provisional execution;

Article 31(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

- The defendant has mistakenly recognized his fault.

- On December 28, 2018, the Defendant committed a secondhand trading fraud repeatedly, and committed a crime by opening six telephone numbers under one’s own name, purchasing an account under another’s name and a core chip, and using it for fraud. The Criminal Procedure Act is inadequate.

- The Defendant has been punished several times as a crime of fraud and habitual fraud, and in particular, even though he had served two times as a crime of habitual fraud, he has not been crypted.

- The total of 74 victims have occurred, and the total of 23,123,500 won has not been recovered.

- The Defendant stated in the investigative agency that the Defendant used a considerable portion of the money obtained through deception in △△ City.

- As such, it is necessary to separate the defendant from society for a considerable period of time to ensure the safety of society for the defendant who has committed several repeated crimes without edification despite the sentence of imprisonment.

Judges Kim Jin-jin