2013Gohap1191 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

A

Escops (prosecutions) and election records (public trial)

Attorney B (Korean National Assembly)

February 7, 2014

A defendant shall be punished by imprisonment for three years.

Criminal facts

The Defendant, together with C, D, etc., obtained goods from the Korea Min Il Corporation by using other person's credit card information, etc. to take charge of planning and managing the entire crime at C, D, and D act as an interference with the acquisition of overseas credit card settlement information used for the crime and the receipt and disposal of goods in Korea. However, C, D, etc. connected to the Korea Min Il-young electronic shopping mall by using other person's credit card or debit card information issued by a foreign credit card company in China, and the Defendant and E1) continued to take charge of remitting the amount of goods delivered or disposed of from the shopping mall.

C과 D 등은 2012. 11. 중순경 중국내 불상지에서 피해자인 한국조폐공사의 직원인 F 과장에게 전화를 하여 자신을 G 운영자 이라고 하면서 연말연시 관광시즌을 맞아 위 공사의 금제품을 대량 구매하여 중국 관광객들에게 판매할 계획이라며 금제품 구매를 제의한 다음 피고인으로 하여금 2012. 11. 30, 경 고양시 일산서구 장항동에 있는 SK브로드밴드빌딩 인근 상호불상의 커피숍에서 한국조폐공사와 사이에 | 대표이사 J' 명의로 사각형 순금(10g) 500개 등 645,000,000원 상당의 금제품을 구매하는 내용의 일반판매제품 제조·공급계약을 체결하게 하였다.

Afterward, C and D, etc. from around 2012, December 9, 2012 to the mid-to-date shopping mall operated by the Korea Minting and Security Corporation (www.kamt.com) ordered gold products of an amount equivalent to 300,000 won, including 11,00,000 won at the market price, and issued companies acquired by an irregular method, entered them into the issuance bank's card number, password number, and password of the foreign visa (K) at 20.1 to the 20th day of December 10, 201 to the 20th day of the above 20th day of the above 1st day of the 20th day of the 20th day of the above 1st day of the 20th day of the 20th day of the above 1st day of the 20th day of the 20th day of the Seoul Senior Welfare Center, and the Defendant received the above 1st day of the 2nd day of the 20th day of the above 3th day of the 3th day of the sale.

Accordingly, the defendant received property from the victim in collusion with C, D, etc.

Summary of Evidence

1. 피고인의 일부 빕정진술

1. Legal statement of witness E;

1. A copy of each protocol of suspect examination of the defendant, N, prosecutor's office, prosecutor's protocol of suspect examination of each prosecutor's office;

1. Each police suspect interrogation protocol;

1. Each police statement of Qua, F, R and S;

1. A copy of the case dispatch note (201-2450, etc.), a copy of the case dispatch note (2008-9454), each seizure protocol, each seizure list, each investigation report (related to execution of a warrant of search and seizure), investigation report (the involvement of a female of a suspect A and his/her conduct), each E protocol of suspect examination (a statement attached to a suspect A), each E protocol of suspect examination (a statement attached to a suspect E, etc.), investigation report (a statement of suspect's participation) (a statement of suspect's participation) (a statement of suspect suspect E, each E protocol of suspect examination (a statement of suspect's participation) (a statement of suspect's suspect E, an investigation report (a statement of foreign card's use of overseas illegal cards - a statement of foreign credit and debit card fraud 3 - a statement of investigation report on illegal use of foreign credit and debit card 1 - A- A list of investigation reports (a statement of suspect's money deposited

Application of Statutes

1. Article applicable to criminal facts;

Judgment on the assertion of the defendant and his/her defense counsel under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 347 (1) and 30 (General Provisions) of the Criminal Act

1. Summary of the defendant and his defense counsel's assertion

The Defendant did not conspired with C, D, etc. to commit the instant fraud. In other words, the Defendant did not know that he received gold products on behalf of the Defendant upon the request of W, but did not know that C, D, etc. used credit card settlement information acquired by improper means to settle the price of gold products.

2. Determination

In full view of the following circumstances acknowledged by the evidence adopted earlier, it is reasonable to view that, in collusion with C, D, etc., the Defendant ordered the goods from the Victim Korea Minting and Security Corporation by using information on approval from a third party in China, and the Defendant received the goods ordered by C, D, etc. directly from the victims in Korea.

A. From around 2008 to 2009, the Defendant became aware of C while living in the detention house because it was detained due to the suspicion of false entry, etc. in public electronic records, etc. by mediating a disguised marriage against Chinese people who wish to enter the Republic of Korea. At the time, C forged a pre-paid card by means of copying information on a pre-paid card, and purchased gold, tobacco, etc. using forged or reproduced pre-paid card, and was detained due to the suspicion of fraud, etc. by disposing of it.

B. On November 26, 2012, the Defendant sent N, the Defendant’s child, to C in China. 2) N transferred the two largephones received from the Defendant, and the passbook and cash card in X’s name, the Defendant’s mother-friendly X bank account (Y) and the passbook and cash card in the N’s N bank account (Z) established around that time.

또한 N은 2012. 11. 26.부터 2013. 2. 7.까지 중국 운남성 쿤밍시 시내 등지에서 C, D, O, P, AA, AB 등과 함께 생활하면서 C, D 등이 사설 경마 경륜·경정 인터넷 사이트인 "AC" 및 가짜 명품을 판매하는 인터넷 쇼핑몰 "AD"를 운영하는 것을 도와주었다.

C. Around December 2012, the Defendant: (a) instructed E to build a spophone; (b) “Korea Minting Corporation Employees F, etc. as if he were G employees L; (c) received gold products; and (d) supervised E in the vicinity when he received gold products; and (c) paid approximately KRW 100,000 at the expense of E whenever he received gold products from E, and paid approximately KRW 100,000 at the expense of E; and (d) there is doubt that gold products may not be normally purchased.”

D. Around December 2012, the Defendant: (a) disposed of gold products delivered by E to a single-name M, the Defendant’s seat; (b) sold gold products to a single-name M; (c) remitted the sum of KRW 210 million to the Korean C and D’s account in the name of 0 designated by C and D; and (c) remitted the sum of KRW 80 million to N’s national bank account in the name of N; and (d) in order to avoid reporting to the Korea Financial Intelligence Unit as a high-amount cash transaction at the time of transfer, the Defendant had his female-friendly job offers transfer part of the amount to the Korea Financial Intelligence Unit.

E. The Defendant, upon receiving contact from W in China, stated that “W was sent to foreign tourists instead of receiving gold products sold to the foreign tourists. There was no lack of contact from W, and there was telephone conversations by receiving W’s contact contact details from W.” However, the Defendant requested that W will receive a large amount of gold products exceeding KRW 500 million on behalf of the Defendant. It is difficult to believe that it is difficult for the Defendant to believe that W would receive a large amount of gold products exceeding KRW 500 million on behalf of the Defendant. The Defendant stated that N’s National Bank account in the name of N, and the National Bank account in X was sent to W, and 5) N sent this to C.

In full view of the following facts: (a) the Defendant reversed the statement that he stated to C with the knowledge of the fact that he stated; (b) the Korea C and D’s account in this name managed by C and the national bank account in the name of N; and (c) the Defendant deposited the proceeds of the disposal of gold products into the bank account in the name of N; and (d) the Defendant appears to have conspired to commit the instant crime with C, D, N, etc. from time to time with telephone conversations in China; (b) the Defendant appears to have made a false statement as if he received the order of L to conceal C, D, etc.

Grounds for sentencing

1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 30 years;

2. Application of the sentencing criteria: Imprisonment for not less than three years but not more than six years; and

[Determination of Punishment] Type 3 (the amount of profit shall be at least 500 million won but less than 5 billion won) among frauds and general frauds

【Determination of Recommendation Area】 Basic Area

3. Determination of sentence;

The crime of this case is committed in collusion with C, D, etc. by settling an order for gold products of an amount equivalent to KRW 500 million at the market price of the Internet shopping mall operated by the Victims Korea through the use of another person's credit card settlement information acquired by the Defendant in collusion with C, D, etc., and by receiving the pertinent product from the victims, and the crime is very poor in light of the method, means, contents, etc. of the crime. The crime of this case is a large amount of damage caused by the crime of this case, which amounts to KRW 500 million in total, but the actual recovery of damage was not performed. Nevertheless, the Defendant is consistently making false statements without his fault.

However, the sentencing factors and sentencing criteria set forth in the arguments of this case, such as the defendant's age, character and conduct, family environment and circumstances after the crime, shall be comprehensively taken into account.

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

Freeboard of the presiding judge;

Judges Seo-won

Judges 00

1) On June 5, 2013, a person who was charged with detention was sentenced on September 13, 2013, and was sentenced to 10 months imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court (2013Gohap5) and the said judgment became final and conclusive.

2) C, D, etc. shared N’s aviation ticket cost, etc. (No. 3, 1213 pages)

3) The Defendant stated that “I did not know M. I did not know it. I did not do so,” and reversed the Defendant’s statement in this court that “I asked W to dispose of the gold products, so I introduced M to W.” (No. 3 of the Investigation Record No. 1395).

4) Part III, No. 1350-1351 of the Investigation Record Inspection

5) No. 1364-1366 of the Prosecutor’s title 3 of the Investigation Records

6) No. 3, No. 1409 of the Prosecutor of the Investigation Records