2015 Highest 8241 thief, fraud, violation of the Electronic Financial Transactions Act

○○ (57 - 1), Non-permanent,

Seoul Housing Jongno-gu Seoul

East Sea of reference domicile

Kim Sung-hun (Lawsuits) (Public Trial) and mobile mail (Public Trial)

Law Firm Jinra

Attorney Yellow-gu in charge

May 19, 2016

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

Seized evidence1 to 64 shall be confiscated from the accused.

Criminal facts

On November 5, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Foreign Exchange Transactions Act at the Incheon District Court on January 13, 2016, and was sentenced to two years of suspended execution at the appellate court on January 21, 2016, and the lower court’s decision became final and conclusive on January 21, 2016.

1. Larceny;

In the name of the employee, the employee of the singingishing in the name of a financial institution, police, or gold melting supervisor by calls to many and unspecified persons, thereby inducing the victims to withdraw deposits or borrow loans. The employee of the singishing in the name of a financial institution, police, or gold melting supervisor, leading the victims to keep the cash or borrowed cash at home. Kim ○, by misrepresenting the staff of the Financial Supervisory Service in accordance with the direction of the employee of the singishing in the name of his or her name, led the victims to receive cash or enter the victims' house, and let them lead the victims to do so, and the defendant conspired to play the role of reporting the amount of damage from singishing in the name of an employee of the singingishing operator.

On May 14, 2015, in accordance with the above public offering, the employee of the name scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scamscam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scamscam scam scam.

In addition, the plaintiff called the victim and called the victim in the name non-scam scam organization "Mana, the person in charge of the case to the Ansan Police Station." Accordingly, the victim started to the Ansan Police Station and opened the house, Kim ○ on the same day: 15:00 on the same day, the defendant opened the apartment entrance password of the above victim, and opened the 3,3610,000 won in cash, which is the victim's possession on the cooling ground, with the 3,610,000 won in cash, and contacted the defendant to contact the defendant in the vicinity of the Dong Burial Station in Jongno-gu Seoul Metropolitan Government.

Since then on the same day: 13: At around 20, the Defendant received the above KRW 3,610,000 from Kim ○○○ apartment building located near the same day, and 2,410,000 from Kim ○○, and 3,120,000 won for the remaining KRW 3,120,000,000 for the name of the corresponding 3,000 won.

As a result, the Defendant stolen the property of the victim in collusion with the Defendant’s name-free singing staff and Kim○○○.

2. Fraud;

A. On May 18, 2015, at around 09:30 on May 18, 2015, an employee in charge of scaming in name is called “the Governor of the Financial Supervisory Service’s interest division.” The entire account information was leaked, and the entire account information was leaked, and it can be safely protected. The employee in charge of scaming in name is directly exempted from scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscam 8.4 million won in a national bank near gold-gu, with the victim’s residence, and 6.8.4 million won in agricultural cooperatives and 6.4 million won in total.

At around 11:00 on the same day, ○○ Kim Jong-dong, a false statement as the victim or the employee of the Financial Supervisory Service, who met the victim at the time of each coal park located in Young-gu, Young-gu, Suwon-si, 39, and the victim received 684,000 won from the victim at the seat, i.e., the victim received 68,840,000 won at the seat, and contact the defendant to do so in

Since then on the same day, the Defendant received the above KRW 6.84,00 from ○ apartment building near the same cemetery around 20:20,000,000 from ○○ apartment building near the same cemetery, and thereafter, 5.8,000 won under the name of Domination to Kim○○, and the remaining KRW 6.2,00,000 won was sent to the 6.2660,000 won under the name of Domining.

As a result, the Defendant, in collusion with the Defendant, was given property from the victim by deceiving the victim.

B. On May 18, 2015, at around 40, 2015, the Defendant sent a phone to ○○○○ (the age of 81) located in Yeonsu-gu (the age of 81) and opened a passbook of KRW 10 million under the name of the post office employee, and the head of Si/Gun/Gu. To recover this, the Defendant must be assisted by the police. The Defendant’s phone call is a police officer who has reported the instant cyber investigation team and should continuously investigate the instant case. “On the other hand, the Defendant is a police officer who has reported the instant case to the head of Si/Gun/Gu.” On the other hand, the Defendant’s phone called the said victim and kept the money deposited in the bank in cash in order to prevent any further damage, and the victim was released from 00,000 won to 20,000 won to 0,000 won to 20,0000 won to 20,000 won to 2.

After the same day, Kim Jong-○, at around 16:00 on the same day, deemed the victim's house to be the employee of the Financial Supervisory Service. After receiving KRW 28,00,000 from the victim in cash, he contacted the defendant, and made the contact to the defendant in the vicinity of the cemetery located in Jongno-gu Seoul Metropolitan Government.

Since then, around 19:00 on the same day, the Defendant received the above KRW 2.4 million from Kim○○, Kim○○, which was in the vicinity of the above cemetery, and 2.44 million won to Kim○○, under the pretext of the water supply, and the rest of KRW 2,560,000,000 to the employees of the above cemetery.

As a result, the Defendant, in collusion with the Defendant, was given property from the victim by deceiving the victim.

3. Violation of the Electronic Financial Transactions Act;

From July 16, 2014 to September 8, 2015, the Defendant was a person who opened a mutual office of “○○○ Blue apartment in Jongno-gu Seoul, Jongno-gu, 347, with one computer, 1 unit, 1 unit, 1 unit, and 1 unit of imprisonment without prison labor,” and operated a non-registered foreign exchange business (hereinafter referred to as “one-time foreign exchange business”).

No person shall, in using and managing a means of access, retain the means of access for the purpose of using such means of access.

A. On June 2015, the Defendant: (a) obtained a passbook and password from the Song○○○○’s account in the name of one bank for the purpose of using it for a non-registered foreign exchange business (i.e., “one-time transshipment”); and (b) kept the passbook and password in the said domicile until September 10 of the same year.

B. On June 11, 2015, the Defendant: (a) received a passbook, physical card, and password from his/her new bank account in the name of Kim Woo, for the purpose of using it in the registrationless money exchange business from the room operated by Jongno-gu Seoul, Jongno-gu, Seoul, for the purpose of using it in the registrationless money exchange business; and (b) kept the passbook, physical card, and password in the above address from around September 10 of the same year.

C. On August 2015, 2015, the Defendant: (a) obtained a passbook and password from the Maximum○○○ Account for the purpose of using it for a non-registered foreign exchange business (i.e., a “one-time transshipment”); and (b) kept the passbook and password in the said domicile until September 10 of the same year.

Summary of Evidence

1. The defendant's partial statement in court;

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

1. Legal statement of the witness Kim ○○;

1. The statement by each police officer on the last ○○ and the transmission ○○

1. Records of seizure and the list of seizure;

1. A report on investigation (attaching the judgment of accomplice Kim ○○);

1. Previous convictions: Criminal records and court rulings;

[The defendant and his defense counsel asserts that they did not invite each crime regarding larceny and fraud. According to evidence duly adopted and examined, the defendant was engaged in the money exchange business that exchanges and transfers Korean currency for several years. The money exchange case in this case transferred three times the same delivery method between the defendant and 60,000 won per day, and the money exchange was made in the place where the defendant lives in the subway station or is not ordinarily exchanged, such as the cremation of apartment buildings where the defendant is living. The defendant argued that the defendant returned the money in excess of the amount requested to exchange, but the defendant was consistently paid money to the ○○○○, and he stated that he was given money to the defendant at the expense, and that the defendant was not given money to the ○○○○'s daily money exchange and received money for the same time, and that the defendant was given an instruction to exchange the money from the Chinese assistant who ordered him to exchange the money, and that the defendant was given an opportunity to exchange the money more inconvenience than that of the defendant to exchange the money.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 329, 30 (a thief) of the Criminal Act, Articles 347(1) and 30 (a thief's point of fraud) of each Criminal Act;

Article 49(4)2 of each Electronic Financial Transaction Act and Article 6(3)3 of each Electronic Financial Transaction Act (Keeping the means of access)

(2) Each of the following subparagraphs:

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Class I crime (thief);

【Determination of Type】

The ththief thief thief thief thief

【Determination of the Place of Recommendation】

Basic area (one year to two years and six months)

2. Second offense (Fraud);

【Determination of Type】

type 1 of fraud (less than KRW 100 million)

【Special Convicted Persons】

- Aggravations: for unspecified or large number of victims

【Determination of the Place of Recommendation】

Aggravation (one year to two years and six months)

3. Final scope of sentence;

The aggravated total of crimes (the upper limit of crimes + the result of the upper limit of crimes 1/2): one year to 3 years:

4. Determination of sentence;

The crime of larceny and fraud of this case is deemed to have stolen or stolen the money of the victim under the so-called Bosphishing Act. The criminal law is organized, planned, intelligent, and intelligent, and social harm caused thereby requires strict punishment. The Defendant played a role in withdrawing criminal proceeds generated in Korea to China, and did not completely recover damage exceeding 60 million won. The delivery of the criminal to the Defendant was sentenced to two years in case of separate imprisonment and became final and conclusive. The Defendant was sentenced to a suspended sentence of violation of the Foreign Exchange Act, but the Defendant was detained for four months in the case. Since the instant case was a crime, it is possible to be tried together with the case of violation of the Foreign Exchange Act, and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., as a whole, are determined by comprehensively taking account of various circumstances, such as the sentencing order of this case, including the following circumstances.

Judges Kang Young-young