2019 Highest 1993, 2006 (Joint), 2909 (Joint) Fraud

2019 early 354 Application for a compensation order

2019 early 362 Application for a compensation order

2019 early 382 Application for a compensation order

2019 early 384 Application for a compensation order

2019 early 385 Application for a compensation order

2019 early 427 Application for a compensation order

A

The place of assistance, Kim U.S., the case of prosecution, and the case of a new trial

Attorney Dok-syun (Korean Peninsula)

1. B

2. C

3. D;

4. E.

5. F;

6. G.

November 27, 2019

A defendant shall be punished by imprisonment for not less than one year and six months.

The Defendant paid KRW 43,00 to B who applied for compensation, KRW 52,00 to C who applied for compensation, KRW 220,00 to D who applied for compensation, KRW 75,00 to E who applied for compensation, KRW 102,00 to F who applied for compensation, and KRW 20,00 to G who applied for compensation, respectively.

Each compensation order above may be provisionally executed.

Criminal facts

2019 order 1993

1. 에어팟 등 사기의 점

피고인은 2019. 5. 7.경 중고물품 거래사이트 'H'에 '에어팟 2세대 무선을 판매한다'라는 글을 게시하고, 이를 보고 연락한 피해자 에게 "225,000원을 송금하면 에어팟을 보내주겠다"라고 거짓말하였다.

그러나 사실 피고인은 피해자로부터 물품대금을 지급받더라도 에어팟을 보내 줄 의사나 능력이 없었다.

As such, the Defendant, by deceiving the victim, received 225,00 won from the victim to the J account under the name of the Defendant, and acquired it by deceiving the victim, and then received 4,600,000 won in total from the victims over 49 times from July 14, 2019, including from July 14, 2019.

2. Points of fraud of cultural products rights;

Around May 5, 2019, the Defendant posted a letter "I swear to "K" on a trading site of used goods, and falsely speaks that "I would transfer the price if I would know fin number of the merchandise coupons to the victim G who reported and contacted this."

However, the defendant did not have the intention or ability to remit the price even if he received a Fin number from the victim.

As such, the Defendant: (a) by deceiving the victim; (b) did not transfer the amount of fin number of KRW 200,000 in the market value of cultural products from the victim’s four market value of cultural products; and (c) did not transfer the amount to text messages; and (d) obtained profits equivalent to the said amount from the victims on five occasions from June 1, 2019, as indicated in [Attachment Table 1] No. 50-54, supra, until June 1, 2019.

"2019 Highest 2006.

On May 15, 2019, the defendant reported that "I will get a victim to send 42,00 won as a registration of MT pocket book if I remitted 42,00 won to the victim."

However, the defendant did not have the intention or ability to send a tweet even if he received the tweet price from the victim.

As such, the Defendant, by deceiving the victim, received 42,00 won from the victim to the J account under the name of the Defendant, and acquired it by fraud.

2019 Highest 2909

1. N or any other fraudulent point;

On May 18, 2019, the Defendant reported that “K sells KRW 100,000,000,000, which is less than 91,000,000 which is less than 0 victims, to “K” and made a false statement that “on contact with the victim, remittance of the amount will be made.”

However, even if the defendant received N from the victim, he did not have the intention or ability to remit the amount.

Nevertheless, as above, the Defendant: (a) by deceiving the victim; (b) did not transfer the N10,000 won of the ID and passwords of the N site charged by the victim as text messages; and (c) did not transfer the amount to the text messages; and (d) obtained profits equivalent to the same amount; and (b) acquired financial benefits from the victims three times from July 2, 2019, such as the attached Table 2 No. 1 to No. 3, 2019.

2. Occupations, such as diskettess;

Around July 9, 2019, the Defendant posted a false statement to the “K” on July 9, 2019, stating that the Defendant would send 165,000 won to the victim P who reported and contacted 165,00 won.

However, even if the defendant receives the price for the goods from the victim, he/she did not have the intention or ability to send the above ticket.

As above, the Defendant, by deceiving the victim as above, received 165,000 won from the victim’s Q (R) account in the name of the Defendant from the victim, and acquired 353,000 won in total from the victims over three times from that time to July 12, 2019, as shown in the attached Table 2 No. 4-6 of the List of Crimes.

Summary of Evidence

“2019 Highest 1993

1. Defendant's legal statement;

1. I, D, C, V, W, Y, AB, AB, AD, AE, AF, AH, AK, AL, AM, AP, AP, Q, ASS, AV, AE, AX, AX, BY, Ax, Ax, Ax, BA, BB, B, B, B, B, B, C, B, 36, 16, 17, 297, 30, 165, 297, 167, 297, 361, 297, 167, 297, 365, 297, 167, 297, 361, 275, 297, 365, 375, 294, 375, 375, 294, 275, 375, 297, 297

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Data on account transactions and other closures (Nos. 2, 3) “2019 order 2909 order ;

1. Defendant's legal statement;

1. Written appeals and statements of 0, BN, BO, P, BP, and Q;

1. Application of Acts and subordinate statutes, such as data on transactions in each account and data to take a course (the number of evidence Nos. 3, 8, 11, 14, 15, 18, 19, 23, 24)

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

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

1. Aggravation for concurrent crimes;

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

1. Orders for compensation and sentence of provisional execution;

Article 25(1), Article 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings: Along with similar incidents, multiple crimes have been committed against many unspecified persons within a short period of time, and compared with similar cases, the number of victims (one total of 61 persons) and the amount of damage (total of 6 million won) is considerably large; a total of seven times of punishment including imprisonment with labor for property crimes, such as fraud; and a failure to recover from damage, etc.

In full view of all the circumstances, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., which are favorable to ○○: The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the circumstances after the crime, etc.

Judges Lee Jae-jin