2014 Highest 3259 A. Fraud

(b) Fraud prevention;

(c) Concealment of criminals;

1.(a) A

2.(a)7

3.(a) C public.

4. 나. 丁

5.다. 戊

Instigious Prosecutor (Court of Second Instance) and Prosecutory (Court of Second Instance)

Attorney Cho Jong-cheon (National Election for Defendant A)

Law Firm U&A, Attorneys Yang Byung-soo, and Cho Han-tae (Defendant B)

(n)

Attorney Cho Jong-tae (Ki for the defendant)

변호사 박주영(피고인 丁, 戊를 위한 국선)

March 5, 2015

피고인 甲을 징역 2년에, 피고인 乙을 징역 1년 2월에, 피고인 丙을 징역 1년에, 피고인 丁, 戊를 각 징역 6월에 각 처한다.

다만, 이 판결 확정일로부터 2년간 피고인 丙, 丁, 戊에 대한 위 각 형의 집행을 유예한다.

Any certificate of seizure Nos. 1, 2, and 9 shall be confiscated from the accused.

Criminal facts

Defendant A was sentenced to two years of suspension of execution on February 13, 2014 in the Daejeon District Court on February 5, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective injury or injury with a scarcity), etc., and the said judgment becomes final and conclusive on February 13, 2014, and is currently in the grace period.

1. Defendant A, Defendant B, Defendant B, and Defendant C, in collusion with those who are not aware of the names in China, and those who are not known in Korea, have the accomplices in China take the phone of soliciting loan without permission, etc. to those who wish to receive the loan, and in response, have the victims transfer the cash card and password to the large passbook in possession of the cash. The Defendants, who received the cash card and password from those who do not know of the names, agreed to withdraw the cash from the cash card and password, using the cash card and password received as above.

As such, the Defendants conspired to commit so-called “singing” crimes, which involve victims and withdraw money by free transfer after planned the commission of the crime.

The Defendants conspired as above on June 2, 2014. 14:15 on June 2, 2014, and concluded that the accomplice who is unable to know the name in the office located in China is "the remittance of the test fee to enable the victim to borrow a loan at low interest" by telephoneing the victim A, and that he/she was transferred 50,000 won from the victim as the fee around June 2, 2014.* future deposit account in the name of the victim *

The Defendants, in collusion with the accomplices whose name is unknown, received a total of KRW 42,213,400 from eight victims from that time to June 12, 2014, in collusion with the Defendants, as indicated in the list of crimes in the attached Table.

2. The defendant;

On May 24, 2014, the Defendant introduced B, prior to the convenience store in which it is impossible to know the trade name in Suwon-si, a person who will work as the measure to withdraw the amount of damage caused by the phishing crime, and introduced C, who was aware of his knowledge, upon request. Accordingly, the Defendant introduced C, in order to assist B, etc. to commit the crime of fraud, and aided and abetted B, etc., thereby facilitating the fraud.

3. 피고인 戊

On July 26, 2014, the Defendant concealed the criminal who was concealed in his name by borrowing ** in his own name, while being aware that the criminal was committed in the course of committing a crime corresponding to a fine or heavier punishment, by taking part in the business of withdrawing the amount of damage caused by Bosing B, who was friendly B, in the business of withdrawing the amount of damage caused by doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement made by the witness A, B, and C;

1. 피고인 丁에 대한 검찰 피의자신문조서

1. Written statements by each police**, Ma*, A, *, Ma*, Ma*, Ma*, Ma*, Ma*, Ma**, Ma*, a copy of each police statement. 1. Ma*

1. A specification of transactions of automation machinery;

1. Each police seizure record and the list of seizure;

1. Each investigation report (No. 12 through 14, 16, 43, 56, 64 through 66, 97, 99), respectively;

1. New warrant documents (No. 22 through 27 of the evidence list);

1. Each reply document (No. 29,31 in the inventory of evidence);

1. Each account (No. 34 through 39) ;

1. Consolidated account sight table and reply;

1. Victim volume** Report on Results of internal investigation (Evidence No. 45), Victim fish* related internal investigation report (Evidence No. 50)

1. Details of report on illegal accounts;

1. Application of the statutes governing the application for opening a bank account;

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

○ Defendant A, B, and C: Articles 347(1) and 30(Appointment of Imprisonment) of each Criminal Code

○ 피고인 丁 : 형법 제347조 제1항, 제32조 제1항(징역형 선택) 피고인 戊 : 형법 제151조 제1항(징역형 선택)

1. Aid and mitigation;

피고인 丁 : 형법 제32조 제2항, 제55조 제1항 제3호호

1. Aggravation for concurrent crimes;

Defendant A, B, and C: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

피고인 丙·丁戊: 각 형법 제62조 제1항

1. Confiscation;

C : Reasons for sentencing of Article 48(1) of the Criminal Act

○ Defendant A, B, and C

- The type of the crime, such as repeated crimes against many unspecified victims, and the degree of damage, the degree of participation in the crime, the profits actually acquired by the Defendants, the relationship between Defendant A and some victims in advance during the period of the suspended execution of this type of crime, the relationship between Defendant A and some victims in advance during the suspended execution of this type of crime, the relationship between Defendant A and some victims in advance during the period of the suspended execution of this type of crime - Two times in the same sentence (2004 respectively), one time in the suspended execution of this species of punishment (2014), one time in the suspended execution of this type of fine (2014), / Defendant B : Three times

○ 피고인 ·戊 범행에 이르게 된 동기 및 경위, 피고인의 나이 · 직업, 성행, 환경 등 제반 양형의 조건 참작·전과관계 - 피고인 丁: 이종 집행유예 1회(2003년) / 피고인 戊 : 이종 집행유예 2회(2003년, 2012년), 이종 벌금형 5회

Judges Kang Jae-sung