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(영문) 부산지방법원 2015.5.12.선고 2014고단7527 판결
사기,향토예비군설치법위반
Cases

2014 Highest 7527, 8182, 8243, 8456, 8460, 8473, 8483, 8523;

8916, 8942, 9214, 9457, 9472, 9914, 10124, 10257, 10377,

2015 Highest 11, 270, 1106, 1188 (combined) Fraud, and violation of the Establishment of Homeland Reserve Forces Act

Defendant

A

Prosecutor

Oral Jina, Sho-gu, Sin-dong, Park Young-gu, Noh Jeong-gu, Gu residents, leaps, leaps, leaps, ore interference;

Park Jong-su, Seo-su, Kim Ho-ju, Han-dong, Han-dong, Han-young, Han-young, Do-young

(each indictment) and personal confinement (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

2015, 5.12

Text

Defendant shall be punished by imprisonment with prison labor for three years and by a fine of 100,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 25,000 won into one day.

Reasons

Criminal History Office

On December 20, 2012, the Defendant was sentenced to seven months of imprisonment for a crime of fraud, etc. at the Daegu District Court, which became final and conclusive on December 28, 2012, and the execution of the sentence was terminated at the Daegu Detention House. 10 January 10, 2013, and the Daegu Detention House.

On July 21, 2013, the Defendant posted a letter stating that “To sell a heavy and smartphone” to D, an Internet site, from 302 of the Busan Jin-gu C building 302, and reported this fact to the victim E, and made a false statement that “If the Defendant transfers money to the victim E, the Defendant would send Samsung galleno 2 smartphones to the Defendant.” However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to send the said smartphone to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 410,00 from the victim’s new bank account under the name of the Defendant on the same day, and subsequently, acquired KRW 410,00 from August 22, 2013 (attached Form 1) by remitting KRW 8,824,00 in total from five victims through five times, such as the list of crimes in the list of crimes.

2. "2014 Highest 8182;

On March 2, 2014, the Defendant posted a notice to the effect that the Defendant would sell a heavy and smartphone to D, an Internet site, from 302, the Busan Jin-gu C building 302, and then sent a false statement to the victim F, who reported and contacted the transfer of money to the victim F. However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to send the said smartphone to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 1,300,000 won from the victim to the account of the Defendant’s community credit cooperatives at the time of the death of the victim and acquired it by fraud.

3. 2014 highest 8243;

Around 12:00 on December 17, 2013, the Defendant posted a letter stating that the Defendant would sell a gallon S4 smartphone to D, an Internet site in Busan, the Busan, the Busan, the Busan, the C Building 302, and then made a false statement that the safety transaction site to the victim G, who contacted, would send two smartphones on the following day to the direct transaction because the deposit is late, and if the deposit is paid in KRW 920,00,00,00,000,000,000,000 won. However, even if the Defendant received money from the victim, the Defendant did not have any intent or ability to send the said smartphone to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 920,000 won from the victim to the new bank account in the H name.

4. 2014 highest 84564;

(a) Fraud against a victim;

On May 23, 2013, the Defendant made a false statement to the effect that “I will open the Internet job-seeking site in front of the brick apartment located in Busan Jincheon-gu, Busan, to Busan, through the “Abacheon-gu, the Internet job-seeking site,” “I will open to Busan in writing. I will do so.” However, in order to do work, I would like to open the cell phone 2 cost for the cell phone due to the customer management, etc., so I want to open it.”

However, the Defendant had the victim open a cell phone and did not have the intent or ability to employ the victim as an employee or to have the victim work even if he received the cell phone. The Defendant had the victim open a cell phone with one unit of SK Telecom (89,800 won) and one unit of BB mobile phone (89,800 won) respectively on the same day and received two cell phoness equivalent to the total market value of 1,79,600 won.

Accordingly, the defendant was given property by deceiving the victim.

B. Fraud against the victim J

On March 22, 2014, the Defendant made a false statement as follows: (a) the victim J puts up an "agricultural machine (taxa management machine) on the Internet trading website" in the friendly-gu office located in Daegu Jung-gu (hereinafter referred to as the "Seoul-gu") (hereinafter referred to as the "JJ"), stating that "I will sell it to the victim because I have an agricultural management machine".

However, in fact, the Defendant did not have a manager, received the price of the goods, and was thought to consume it as office operating expenses, etc., so there was no intention or ability to send the goods to the victim. The Defendant received KRW 1,700,000 from the victim as the price of the goods to the account of community credit cooperatives (K) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

5. 2014 highest 8460;

On June 21, 2013, at the office of the defendant in Busan-gu L, Busan-gu, the defendant tried to use the computer to sell a gallon S4 mobile phone on the Internet website D bulletin board, and the defendant made a false statement that the defendant would send S4 mobile phone to the victim M who visited the victim by sending the money to the gallon L. However, even if the defendant received money from the victim, he did not have the intention or ability to send the mobile phone to the victim.

As above, the Defendant, by deceiving the victim as above, received 550,000 won from the victim to the corporate bank account (O) in the name of the same day as the sales proceeds of the mobile phone from the victim and acquired it by deceiving the victim. June 20, 2014

On July 18, 2013, the Defendant, as a member of the PPP reserve forces in Busan-gu, participated in the second supplementary training in 2013, which was conducted at the fourth large reserve forces training site in the Army on July 18, 2013 without justifiable grounds. 7.2014 Highest 8483, Jul. 2014

A. On September 11, 2013, the Defendant: (a) visited D, an Internet site, at a middle-class trading office near the Nam-gu Daegu-dong public parking lot for the Alley trees attached thereto; (b) reported the Defendant’s notice to purchase mobile phones; and (c) contacted the victim with “1.5 million won to deposit KRW 1.5 million, the Defendant sent one cell phone to the Defendant.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the above mobile phone to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 12,384,00 from the victim to the new bank account under the name of the Defendant’s name on the same day, and received KRW 1,50,00 from August 14, 2014, from that time, he/she received KRW 12,384,00 in total by receiving money from the victims by communicating the victims who want to purchase goods, such as airline tickets, lodging tickets and cellular phones, height zone, and scotbook, such as the list of crimes (1) from among Internet NAVVs, and by receiving money.

B. The Defendant made a notice on the bulletin board of the Internet site as “R” and tried to obtain money by fraud under the pretext of having people who reported and contacted the above notice to work.

On August 21, 2014, the Defendant reported and contacted the above bulletin to the victim S, who operated an adult amusement room in the vicinity of the Daegu North Korea-gu North Korea-U.S., the Defendant “in operating the in-house adult amusement room in the front of the in-house prison,” with employment from two cell phoness should be opened to the outside of the in-house prison, and an open cell phone should be transmitted to Seoul, and the program should be operated. In addition, the Defendant made a false statement to the head of the division, “The security deposit is paid.”

However, the defendant did not have a plan to operate an adult amusement room, and even if the victim opened a cell phone in the name of the victim and pays the deposit, he did not have the intent or ability to get the victim employed in the amusement room.

The Defendant, as such, by deceiving the victim and allowing the victim to settle the amount of KRW 261,990 from the victim’s cell phone on the same day to August 27, 2014, from that time, from August 27, 2014, the Defendant acquired property or pecuniary benefits equivalent to KRW 15,705,590 in total on seven occasions, such as the opening of the cell phone, loan, content usage fee, etc. as indicated in the crime list (attached Form 2). The Defendant acquired property or pecuniary benefits from the victim from August 21, 2014 to August 24, 2014 (attached Form 2] from August 21, 2014 to August 24, 2014 (attached Form 3) by acquiring property or pecuniary benefits equivalent to KRW 308,786,780 in total, as stated in the crime list (attached Form 2).

8. 2014 highest 85233;

On April 1, 2013, the Defendant made a false statement to the SK Telecom Agency located in the Busan Metropolitan City Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do dong Do Do Do Do Do Do Do Do Do Do Do Do Do , but the fact was not thought to return 2 mobile phones from the beginning.

The defendant was obtained from the victim the two mobile phones equivalent to the market price of 1,628,00 won owned by the Dong, which was opened in the name of the victim.

9. "2014 Highest 8916;

(a) Fraud against victim X;

Around October 13, 2013, the Defendant said that the Defendant would return the profits and the principal even if he received money from the victim because the mobile phone brokerage at the time of borrowing the money from the victim, the Defendant did not have any intent or ability to return the profits and the principal even if he received money from the victim because the mobile phone brokerage at the time of receiving the money from the victim.

The Defendant, by deceiving the victim as above, received KRW 4,97,00 from the victim on October 14, 2013, KRW 4,500,90 around October 18, 2013, and KRW 13,48,800 in total from October 21, 2013 to the National Federation of Community Credit Cooperatives under the name of the Defendant.

(b) Fraud against victims;

Around October 14, 2013, the Defendant made an investment in the car page located in Busan Special Metropolitan City, Busan Special Metropolitan City, which is a "high-profit business to the victim Y", the Defendant left the profits of at least KRW 300,000,000 per week and KRW 400,000 per month, and the principal will be returned. The Defendant opened the mobile phone by opening the mobile phone, which is able to receive cash using the mobile phone. However, since the mobile phone brokerage business at the time continues to be in a state of deficit, there was no intention or ability to return the profits and the principal even if the Defendant received money from the victim.

As above, the Defendant, by deceiving the victim, received from the victim the amount of KRW 4,90,00 on October 17, 2013, and KRW 3,00,000 on October 21, 2013, and approximately KRW 2 million on or around October 21, 2013, and KRW 3,00,000 on or around October 22, 2013, and KRW 17,90,000 on or around October 23, 2013.

10. "2014 Highest 8942;

On April 1, 2013, at around 21:00, the Defendant made a false statement to the victim AA in writing from the Defendant’s office located in the Busan So-gu Z, stating that “The Defendant is selling a heavy smartphone in Busan, currently holding YY 15, LG 10, and Aphone 25, but the Defendant would send 25,000,000 won to 4.2. 11:00,000 if he transfers the transfer amount of KRW 13 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to give the victim with a heavy smartphone.

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 13 million from the victim to the new bank account (AB) in the name of the Defendant around 09:00 on April 2, 2013 as the purchase price for smartphones.

11. 2014 Highest9214

At around 15:05 on April 17, 2014, the Defendant made a false statement to the effect that, even if the Defendant received money from the victim, he would not know the trade name in the Nam-gu Daegu Nam-dong, Daegu-gu, and that, even if he did not have the intent or ability to send the right to use the set, the Defendant would send the right to use the set upon contact with the victim by visiting NAV AC, an Internet site, and seek a right to use a set of fee after making contact with the victim.”

As above, the Defendant, by deceiving the victim, received 350,000 won from the victim’s bank account under the name of the Defendant from the time of transfer to April 29, 2014 (attached Form 3) from that time, and obtained money by receiving KRW 1,690,00 by receiving money from the victim, by communicating the victims who want to purchase goods, such as NAV AC books, such as machinery, a right to use a name lighting, and a right to accommodation, from the Internet site via five times in total as indicated in the crime list.

12. “2014 Highest9457,”

A. On December 17, 2013, the Defendant: (a) reported gallon AE and the victim AF who sent a mobile phone at the Busan National University D, an Internet site, at the coffee shop near the Busan National University that was located in the Geum-dong, Busan National University; and (b) falsely called “the Defendant would sell a mobile phone when sending money.” However, even if the Defendant received money from the victims, he did not have any intent or ability to sell the mobile phone to the victims.

As above, the Defendant, by deceiving the victims and receiving KRW 3.66 million from the victims to the new bank account under the H’s name as the purchase price for cell phones from the victims, and from that time, received from September 1, 2014 [Attachment 4] From that time, the Defendant received money by receiving KRW 8.410,00 in total on four occasions by receiving money, as if the victims were to contact with the victims who want to purchase the Internet website, etc., such as the list of crimes in the list of crimes.

B. The Defendant had a person who reported and contacted job offer advertisements posted on the bulletin board of the Internet site "Abacheon Bureau" to obtain a mobile phone or money under the pretext of having the person employed the job.

On August 7, 2014, the Defendant reported the job offer advertisements in the Daegu-gu AG 102, and falsely stated that “The Defendant would pay KRW 120,000 per day to the victim AH and the victim AI, if working in the amusement room.”

However, in fact, the defendant was employed by the victims in the entertainment room and did not have the intention or ability to pay daily allowances.

As such, the Defendant, by deceiving the victims, received two cell phone numbers with a total of KRW 3.2 million in total and KRW 1.6 million in the market price on August 8, 2014 from the victims on the same day. The Defendant said that, around August 12, 2014, the Defendant made an investment of KRW 50 million in the victim AH and the victim AI in the AK coffee shop located in Daegu-gu AJ and made an investment of KRW 20 million in the amount of KRW 50,000,000 in the amount of money, and that, if the Plaintiff invested in the amount of KRW 20,000 in the amount of money, the Defendant would divide the profits into KRW 50,000 in total.”

However, the defendant did not have the intention or ability to operate a amusement room.

As such, the Defendant, by deceiving the victims, obtained a total of KRW 17 million from the victim AI to receive KRW 8 million under the same name as investments in the same day from the victim AH and received KRW 9 million from the victim AI around that time.

13. "2014 Highest 9472;

At around 12:00 on August 7, 2013, the defendant was connected with the team that collects 'N' and 'the victim's heavy cell phone in the nation, including Jeju-do, in Busan-gu, Busan-do. The defendant was able to secure a large number of cell phones from these teams, so that he will send 'the main cell phone that has collected 'the main cell phone'.

However, at the time of the fact, there was no person who collects the heavy cell phone under the management or instruction of the defendant, and the defendant was in a state of 400 million won with personal debt. On January 10, 2013, the defendant released from the Daegu detention center and without any money, and puts on the Internet an article that sells the heavy cell phone and other things such as the mobile phone on the Internet without any money, and even if he received money from the victim, he did not have the intention or ability to supply the heavy cell phone.

Nevertheless, on August 8, 2013, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 20 million from the same account on August 9, 2013 to a new bank account under the name of the Defendant, and acquired it by deceiving KRW 65 million.

14. No member of the homeland reserve forces shall, without justifiable grounds, make a move-in report to prevent delivery of a muster notice, or make him/her cancel the resident registration by filing a false report or make his/her domicile registered differently or make his/her domicile registered.

Nevertheless, the Defendant did not move-in to the actual place of residence of the Defendant even though he was not a member of the local reserve forces belonging to the Busan Blue Zone, but did not move-in report on the actual place of residence of the Defendant. On July 24, 2014, the Defendant registered his domicile due to the head of the Busan Plue Zone around July 24, 2014.

On March 13, 2014, the Defendant posted a letter stating that the Defendant will send agricultural machinery to the Defendant’s office located within the Daegu-gu Southern-dong Motor Vehicle AFK, despite having no intention or ability to send money, and sold agricultural machinery by accessing the Internet website, and said that “on the transfer of money, the Defendant will send the agricultural machinery.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the money to the victim.

Ultimately, as above, the Defendant, by deceiving the victim as above, received 70,000 won from the victim to the account of community credit cooperatives in the name of the Defendant on the same day from March 29, 2014, and acquired 4,80,000 won in total from four times, such as the list of crimes, from the victim, from March 29, 2014.

16. 2014 Highest 10257

On July 21, 2013, the defendant, in the "AP" of the operation of the defendant in Busan-gu L, Busan-gu, and the fact that the defendant did not have a heavy cell phone and did not have an intention or ability to sell the mobile phone, the defendant, in spite of the absence of intention or ability to sell the mobile phone, made a false statement that "6.50,000 won would sell the mobile phone of Aphone 4,000,000 won by leaving the phone to the victim Q Q who became aware of the Internet through B, and then, he acquired it from the victim to the account in the name of the defendant on the same day.

In addition, from that time until July 27, 2013, the Defendant deceivings the victim by a similar method, such as the list of crimes (attached Form 6) at least four times, and then acquired the total amount of KRW 10 million from the victim and acquired it by deception.

17. 2014 Highest 10377

On May 21, 2013, the Defendant made a false statement to the victim AT in front of the Busan AS Hospital located in the Busan AS Hospital, stating that “The Defendant would let the victim work for two mobile phones as an employee in the casino (e.g., gambling room).”

However, the facts are that the defendant was expected to close the casino operated under the trade name called 'AU' due to the lack of financial circumstances, so there was no intention or ability to let the defendant be employed as his employee.

Nevertheless, the Defendant, by deceiving the victim as above, obtained two cell phones of the sum of the market price of KRW 2,000,000 from the victim at the same time and acquired it from the victim.

18. "2015 Height11, 201

On December 19, 2013, the Defendant made a false statement to the victim AV who called to purchase a used mobile phone at an irregular site, stating that “When selling the mobile phone from 8 to 4.5 million won per unit, and paying a total of 3.6 million won per unit, the Defendant would deliver the mobile phone to an express bus on December 21, 2013.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to deliver the victim's heavy cell phone.

The Defendant, as above, by deceiving the victim and receiving 3.6 million won from the victim’s new bank account in the name of H on the same day until August 31, 2014, as indicated in the crime list (attached Form 7) / From then to August 31, 2014, the Defendant acquired 7 million won in total by deceiving the victims who want to purchase the container, Busan Pura hotel hotel hotel accommodation right, film viewing right, large-scale accommodation right, and KTX car ticket, and by receiving money.

19. 2015 Highest 270

(a) Fraud of money invested by those who engage in casino business;

On November 1, 2013, the Defendant posted the Internet site to Hacheon-si, the Defendant posted a notice stating that he will be punished by KRW 4 million per month. On November 1, 2013, the Defendant sent the victim AW called around 16:00 on November 22:0, 2013, which was located in the front of the Busan-gu Busan-dong, Busan-dong, Busan-dong, Busan-dong, 43 on November 1, 2013. However, on the front of the Busan-dong, the Defendant, who made an investment in opening a casino in writing, was employed as casino, and the Defendant made a false statement that “I will make an investment in writing, so I will be punished by at least KRW 4 million per week.”

However, at the time, the defendant did not have the plan to operate the casino itself, and even if he received the investment money from the victim with the existing debts of KRW 400 million, he did not have the intention or ability to operate the casino with the victim and the casino.

Nevertheless, on November 4, 2013, the Defendant, by deceiving the victim as above, received KRW 1,000,000 from the victim as a deposit account (AY) in the name of the community credit cooperatives (AY) in AX on or around November 4, 2013, and received a total of KRW 34,90,000 from November 4, 2013 to November 28, 2013 in the same way as the list of crimes.

(b) Fraud, such as mobile phones;

Even if the defendant newly opened a mobile phone in the name of the victim AW from the victim, he thought that he will use it for the business of trade in mobile phone, and he did not have any intention or ability to pay the fee.

1) On November 1, 2013, the Defendant: (a) made the victim’s 2A office operated by the Defendant with No. 402 of Busan City, Busan City; (b) made the victim’s 1 mobile phone number to be paid without the mold; (c) made the victim’s 1 mobile phone number to be 3; (d) made the victim’s 1 mobile phone number to be 0,000,000 Busan City 1 mobile phone number to be 10,000,000 Busan City 2; (c) made the victim’s 3 mobile phone number to be 1,00,000,000 Busan City 1 mobile phone number to be 1,00,000,000 Busan City 3 mobile phone number to be 0,000,000 Busan City 1 mobile phone number to be 1,000,000 won and paid the victim’s 2G mobile phone number to the victim’s 1,015,01.

20. "2015 Highest 1106"

A. On April 28, 2014, the Defendant, at the middle-gu Daegu-dong public parking lot, visited the high-level trade office related to the Internet NAVK, reported a notice posted by the victim BH to seek information from a private teaching institute related to the tax accounting, and made a false statement that “When deposit KRW 1.5 million is made, the Defendant would complete the registration of a private teaching institute for one course of the general lecture” by visiting the victim as having known the location where the Internet lectures related to the accounting can be registered in a low-level manner.

However, even if the defendant received money from the victim, he did not have the intent or ability to register the Internet lectures.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 1.5 million from the victim to the company bank account under the name of the Defendant for the same day as the registration fee of the private teaching institute on the same day. (B) On July 28, 2014, the Defendant reported the victim BI’s notice to purchase the turf turfing machine after having access to the Internet four-way website at the same place as that of paragraph (1) and made a false statement to the effect that “on deposit of KRW 2.50,000,000, the Defendant would immediately send the machine to cut down the turf turf turfing machine to the victim.”

However, even if the defendant received money, he did not have the intention or ability to send the machinery with the turf reduction to the victim's home.

Nevertheless, the Defendant, by deceiving the victim as such, received 100,000 won from the victim to the Agricultural Cooperative Account in the name of BJ on the same day as the machinery price.

21. 2015 Highest 1188

On January 25, 2013, the Defendant made a false statement to the effect that, in order to conduct a work, the Defendant would return the phone fee and the mobile phone use fee if he opens a mobile phone in the name of the user of the mobile phone, if he opens the mobile phone in the name of the user of the Internet job-seeking site, at the Busan Jin-gu, Busan, the Defendant would return the phone after installing the app related to the business if he purchases the mobile phone.

However, in fact, the defendant had the victim open the cell phone, received it and planned to have the defendant, and there was no intention or ability to pay the mobile phone charges and the user fees on behalf of the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) let the victim open a cell phone of 946,000 won at the market price on the same day; and (c) obtained the pecuniary benefit equivalent to the same amount because the Defendant did not pay 264,955 won from February 2, 2013 to July 201, thereby acquiring the pecuniary benefit equivalent to the same amount.

Summary of Evidence

[2014 Highest 7527]

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to BL and BM;

1. Each statement of E, BN, BO, and BP;

1. Details of a new bank account in the name of A;

1. Previous records: Criminal records, replys to inquiries, investigation reports (a copy of the same kind of criminal records as the suspect's judgment).

1. Statement of the accused in the second protocol of trial;

1. Statement of the police officer with respect to BL;

1. A written statement;

1. Details of remittance transactions and details of transactions of A's accounts of community credit cooperatives;

1. For previous convictions as indicated in the judgment: Criminal history records, references, investigation reports, etc., and investigation reports (written inquiries about the current status of confinement for each individual);

1. Statement of the accused in the second protocol of trial;

1. Each police statement made to H and BO;

1. G statements;

1. Previous convictions indicated in the judgment: Criminal records (A), investigation reports (the confirmation of the same criminal records and the date of release), evidence of confinement of the judgment, and evidence of confinement of the judgment;

1. Statement of the accused in the second protocol of trial;

1. Statement of the police officer to I;

1. Written Statement;

1. Certificates of electronic financial transactions, details of transactions by account, and mobile phone new contracts;

1. Previous records of judgment: Criminal records, etc., personal identification and confinement status, investigation reports (the same number of days, the fraud method, and attachment of judgment);

2014 Highest 8460)

1. Statement of the accused in the second protocol of trial;

1. N’s protocol of interrogation of the police officer;

1. Each police statement of BL and M;

1. A list of this conclusion and inquiries, and trading statements of enterprises banks;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of judgment, etc.);

2014 Highest 8473

1. Statement of the accused in the second protocol of trial;

1. All the notification or accusation documents, and a request for computer inquiry;

1. Previous records of judgment: Criminal history records, etc. "A";

1. Statement of the accused in the second protocol of trial;

1. Each police protocol on Q, S, U,V, BR, BS, BU, BV, BX, BY, BY, CA, CB, andCC;

1. Each written statement of the CD and CE;

1. Statement of damage to CF;

1. Copy of the transfer receipt, the investigation report (Attachment of documentary evidence of the details of damage), the investigation report (Attachment of the certificate of transfer to the Internet Bank of the new bank), the transfer certificate, the closure data, the transaction receipt, and the public receipt for transactions;

1. Previous convictions in judgment: Criminal references "2014 Highest 8523";

1. Statement of the accused in the second protocol of trial;

1. Written statement by the police;

1. Each investigation report - Attachment of data

1. Previous convictions indicated in the judgment: Criminal records, etc., inquiry reports (A), investigation reports (a copy of indictments, etc.);

“2014 Highest 8916

1. Statement of the accused in the second protocol of trial;

1. Statement of the police against X;

1. Reactors;

1. Investigation report (Submission of Y's reference material by complainants), investigation report (Hearing of CG telephone statements by complainants);

1. Previous records before ruling: Criminal records, etc., inquiry reports by individuals, and the current status of personal identification and confinement;

1. Statement of the accused in the third protocol of trial;

1. The police statement of AA;

1. Copy of a remittance statement (9 million won), and data on remittance (1 million won);

1. Previous convictions in judgment: Criminal records and investigation reports (attached to written judgments);

“2014 Highest 9214

1. Statement of the accused in the third protocol of trial;

1. Statement of CH;

1. Each statement of AD, CI, and CJ;

1. A petition of CK;

1. Previous convictions indicated in the judgment: Criminal history records, etc. and investigation reports and investigation records “2014 high-ranking9457;

1. Statement of the accused in the third protocol of trial;

1. The police statement of the CL, AH, and AI;

1. Written statements of the CM, AF, CN, and CO;

1. Inquiry of liquidity details, financial transactions of the principal, and investigation reports (verification of the market price of a mobile phone);

1. Previous convictions in judgment: A inquiry letter and the current status of the number and confinement of each individual;

1. Statement of the accused in the third protocol of trial;

1. Statement made by the police to AM;

1. Copies of passbooks of the Industrial Bank of Korea and account transactions;

1. Previous convictions indicated in judgment: Two copies of criminal records, written judgments, and inquiry into confinement [2014 Highest914];

1. Statement of the accused in the third protocol of trial;

1. The written accusation, the notification of the person subject to accusation against the violation of the Act on the Establishment of Homeland Reserve Forces, the notification of offenses against the Establishment of Homeland Reserve Forces, the suspect

1. Previous convictions in judgment: Criminal records and personal records, and current status of personal identification and confinement;

1. Statement of the accused in the third protocol of trial;

1. A statement of the CP and C Q

1. Each petition of AO and CR;

1. Each certificate of transfer, certificate of transaction, certificate of transfer confirmation, and detailed statement of transactions;

1. Previous records before and after judgment: Criminal records, investigation reports (Attachment to the current status of personal identification and confinement), and investigation reports (Attachment to judgment);

“2014 Highest 10257,”

1. Statement of the accused in the third protocol of trial;

1. A Q statement;

1. Statement of Account Transactions;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (prior to and confirmation of repeated crimes);

"2014 Highest 10377"

1. Statement of the accused in the third protocol of trial;

1. Statement by the police of the SS;

1. Previous convictions in judgment: Criminal records, 2015 proviso 114;

1. Statement of the accused in the third protocol of trial;

1. Each police protocol of statement against AV, CT, and CU;

1. A written statement of CV, CW, and X;

1. Details of transactions, detailed statement of transactions, and transfer certificate;

1. Previous records of judgment: Criminal records, etc., and the statement of the accused is recorded in the third protocol of trial;

1. Statement of each police station made to CY and AW;

1. A copy of a detailed statement of account transactions, a copy of the confirmation of subscription to a mobile phone, a copy of the settlement of small amount on a mobile phone, a guidance and a written application for deposit transactions,

1. Previous convictions indicated in judgment: Criminal history records, number and confinement status of each individual, and investigation reports (Attachment to written judgments);

“2015 Highest 11064

1. Defendant's legal statement;

1. The police statement of BH;

1. A written statement of BI;

1. Statement of deposit transactions and statement of transactions;

1. A previous conviction: A written inquiry and a written inquiry and the result of the confinement of prisoners, which are 2015 high-level 1188;

1. Defendant's legal statement;

1. Statement of the police officer with respect to BK;

1. A customer's application form, telephone number, detailed statement of charges, guide on subscription details, and investigation report (related to calculation of purchase price for mobile phones);

1. Previous convictions indicated in judgment: Criminal history records and other data, investigation reports (A), and criminal records and repeated crimes;

Application of Statutes

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

Article 347(1) of the respective Criminal Act; Articles 15(9) and 6(1) of the former Act on the Establishment of Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014); Articles 15(2) and 6-2 of the Act on the Establishment of Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014)

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 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Article 70(1) and Article 69(2) of the Criminal Act: Reasons for sentencing;

[Determination of Punishment] General Frauds (at least KRW 100,000, less than KRW 500,000)

[Special Aggravation] Aggravations: In the case of crimes committed for unspecified or large number of victims or repeatedly over a considerable period of time / in the case of habitual offenders / in the case of repeated crimes of the same kind

【Determination of Recommendation Area】 Special Aggravation Area

[Scope of Recommendation] Two years and six months to nine years

2. Determination of sentence;

From the time when the defendant was sentenced to a punishment for the same kind of crime and repeatedly committed each of the crimes in this case, damage recovery is almost possible even if the amount of damage exceeds 200 million won, other terms and conditions of sentencing, including the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, and sentencing guidelines for the crime of fraud, shall be determined as per the order, comprehensively taking into account the following factors.

Judges

Judge Lee Young-American

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