(영문) 서울중앙지방법원 2014.6.13. 선고 2014고합5 판결

On April 26, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court sentenced to a suspended sentence of two years on August 3, 2012. On October 18, 2012, the Defendant was sentenced to a suspended sentence of two years on October 26, 2012.

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), D, E, etc. purchased large amount of goods from the overseas credit card settlement information acquired through the Internet, etc., using the overseas credit card settlement information acquired through the Internet, and made a public offering to divide profits therefrom. On November 2012, 2012, the victim Korea Minting & Security Corporation F was called the operator of G tourer and made a public offering to divide profits from the purchase of gold products from the above construction to Chinese tourists at the end of the year, with the large amount of gold products purchased, planned to sell them to the Chinese tourists at the end of the year, and proposed the purchase of gold products from the above construction to the Chinese tourists. On the 30th day of the same month, I concluded a contract with the representative director of the Korea Minting & Security Corporation for the purchase of gold products under the name of "KS company" (10g) 500,000,000 won.

그 후 C 등은 2012. 12. 9.경 중국 윈난성 쿤밍시 소재 불상의 민박집에서 한국조폐공사가 운영하는 전자쇼핑몰(www.koreamint.com)에 접속하여 시가 30만원 상당의 목걸이 메달(뱀) 3개 등 993만원 상당의 순금제품을 주문하고 그 대금을 결제함에 있어, D이 인터넷 등을 통해 취득한 뱅크 오브 아메리카(Bank of America, 미국)발급 해외 신용카드의 결제 정보를 권한 없이 입력하는 등의 방법으로 F을 기망하고, M은 같은 달 10.경 서울 종로구 경운동에 있는 서울노인복지센터 인근 노상에서 자신을 G 여행사 직원 'N'이라고 사칭하며 F으로부터 위 순금제품을 수령하고, I은 주변에서 기다리다가 M으로부터 위 제품을 전달받았다.

C et al., from around December 9, 2012 to around December 24, 2012, from around 5,143 times of the same month, received gold products 11 times in total, as shown in attached Table 1, in the same manner, from around 10th of the same month to around 24th of the same month.

In the process, the Defendant received the gold products obtained through the above fraud from C and introduced M around December 2012 upon the request of the I to introduce a person who will deliver them to C, thereby allowing C, etc. to receive the gold products obtained by deceit from the Korea Min Il Corporation, thereby facilitating C, etc. to commit the above crimes.

2. A person who is not a person handling narcotics, etc., shall not administer psychotropic drugs. The Defendant, even if not a person handling narcotics, administered them once in the manner of injecting 0.03g of Meptamine, which is psychotropic drugs, in the residence of the Defendant of the second floor of Jinju P on December 9, 2013, around 03:0 to 04:00,000, by means of injecting 0.03g of psychotropic drugs, at the residence of the Defendant of the second floor of Jinju.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each legal statement of M, Q,0 and R;

1. Each prosecutor's protocol of examination of the accused;

1. A copy of each protocol of examination of M by prosecution;

1. A copy of each police interrogation protocol against M orO;

1. Statement made by the police to Q Q;

1. Each investigation report, records of seizure, voluntary submission, etc., request for appraisal of narcotics, recording records, telephone records, telephone records, and delivery notes;

Application of Statutes

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

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Articles 347(1) and 32(1) of the Criminal Act (a) of the Criminal Act; Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) (a) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the point of the administration of Mesacaca, the choice of imprisonment)

1. Statutory mitigation;

Articles 32 (2) and 55 (1) 3 of the Criminal Act / [ against paper offenders and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)]

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe penalty provided for in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (within the scope of adding up the long-term punishment of the above two crimes)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act (No. 3), Article 48 (1) 1 of the Criminal Act (No. 8)

1. Additional collection:

Article 67 (proviso 1 of the Narcotics Control Act)

Judgment on the Defendant and defense counsel's argument

The defendant and his defense counsel argued that the defendant introduced M to C and D is not guilty of aiding and abetting the fraud since it is true that C et al. knew that M would take part in the receipt of the gold products illegally delivered by deceiving the victim's Korea Minting Corporation, and therefore, C et al. did not have any intention to commit fraud.

However, the following circumstances acknowledged by the evidence as follows: ① M serves as a book for the receipt of goods after introducing C, etc. from the defendant; ② If the date of the receipt of gold souvenirs directly from the defendant, he stated that his receipt of gold souvenirs would be only a number of million won, and there is no reason to employ another person; ② When the defendant introduces the goods to M, the defendant would only have the original delivery of the goods through the Internet, and there is no problem if the problem arises, ③ M would have the original delivery of the goods. ③ There was a motive for the receipt of the goods from the defendant after being detained, ② The defendant would have received the goods from the defendant to receive the M&M at the time of the delivery of the goods at the request of the defendant, ④ The defendant would have been aware of the fact that the defendant would have received the goods at the time of the delivery of the goods, ④ The defendant would have received the goods at the time of the delivery of the goods at the time of the delivery of the goods at the request of the defendant, and ④ The defendant would have received the goods at the time of delivery of the goods at the time.

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than one year and not more than six months but not more than twenty five years.

2. Scope of the recommended sentencing criteria; and

(a) Crimes of violating the Act on the Control of Narcotics, etc.;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (b) and (c))

[Special Aggravationd Persons] Aggravationd - previous department (a suspended sentence of not more than three years)

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than three years

(b) Scope of recommendations based on standards for handling multiple crimes;

1. Imprisonment with prison labor for not less than one year;

3. Determination of sentence;

The crime of aiding and abetting the fraud of this case is that the defendant introduced goods M to C, etc. to facilitate the fraudulent act of deceiving the stolen product by using overseas credit card settlement information acquired by C, etc. by unlawful means, and the amount of damage exceeds 500 million won, and the amount of such crime is not less than that of the crime. The defendant, despite the fact that the defendant is under probation due to the crime of fraud and the violation of the Act on the Control of Narcotics, etc. (fevour), is going to the crime of this case, and in particular, the crime of violating the Act on the Control of Narcotics, etc. (fevour) is more than twice in addition to the above suspended sentence, it is inevitable

However, the defendant's crime of aiding and abetting the fraud of this case can be deemed to be minor compared to C, etc. who is the principal offender. Considering the favorable circumstances such as the confession of and reflect against the violation of the Act on the Control of Narcotics, etc., the defendant's crime of aiding and abetting the fraud of this case shall be determined by taking into account all the sentencing factors and sentencing guidelines as stated in the argument of this case, including the defendant's age, character and behavior, family environment, and circumstances after

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

Judges

Freeboard of the presiding judge;

Judges Park Il-young

Judges Kim Gin-han

Note tin

(a) Grounds for the calculation of the amount of collection: 100,000 won for the value of 0.03g of the Mesphere administered by the defendant; and

2) Four pages of the examination record of M

(iii) 4 pages, 234 pages of the examination record of M;

4) Two pages of the examination of the witness in Q Q, five pages of the examination of the witness in relation to Q, one right 477 pages 5) 0 of the investigation records, two right 940 pages 6 of the investigation records, three pages of the examination of the witness in relation to Q, one right 231 of the investigation records.

7) Two copies of investigation records 935 pages

8) 8 pages of the examination of the witness to Q

9) Since the crime of violation of the Act on the Aggravated Punishment, etc. of Narcotics (Fraud) and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to which the sentencing guidelines are applied are concurrent crimes, only the lower limit of the recommended punishment for the crime of

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