2016Gohap1039

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

C Withdrawal against Defendant D, the name of the crime recognized for Defendant D, and the specific economy

Violation of the Punishment, etc. of Specific Crimes Act (Fraud)

(b) Fraud (Withdrawal against the defendant E, F, or D);

1. A;

2. E:

3. F;

4. D;

5. B

6. C

Newly Inserted by Act No. 541, Mar. 1, 201>

Attorney G (Defendant A, F, B, and C)

Attorney H (the National Assembly for the defendant E)

Attorney Park Jong-soo (Korean National Assembly for Defendant D)

July 21, 2017

Defendant E and F shall be punished by imprisonment for one year and six months, by imprisonment for Defendant A, by imprisonment for ten months, by imprisonment for Defendant B and C, by imprisonment for eight months, and by imprisonment for six months, respectively.

However, with respect to Defendant E.F, for three years, and with respect to Defendant A, B, C, and D, the execution of each of the above sentence shall be suspended for two years.

Criminal facts

【Criminal Power】

On July 7, 2016, Defendant E was sentenced to a suspended sentence of three years on August 4, 2016 by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 7, 2016.

On August 23, 2016, Defendant D was sentenced to a suspended sentence of six months of imprisonment with prison labor due to joint assault, etc., and the judgment became final and conclusive on August 31, 2016.

On December 21, 2016, Defendant B was sentenced to a suspended sentence of four months of imprisonment for fraud at the Daegu District Court's Daegu District Court's assistance, and the judgment became final and conclusive on December 29, 2016.

[The relationship between public offering and role sharing] J (K), L (one name L), and N (one name L), from the Defendants, 0, P, Q, and R to the securities account, they purchased shares with loans from 'Sock L' companies with the above deposit money as collateral for the stock purchase fund that lasts 2 to 3 times the above deposit money. The above stock purchase fund was provided as collateral for the loan and the balance of deposit money as collateral, and the so-called 'large exchange loan' was provided through a lending recruitment and brokerage company to convert the above stock purchase fund into the stock of 2 financial right security loan such as savings bank, capital, etc. as collateral for the existing loan, or 'large exchange loan' was provided by the brokerage company to deduct the money that the intermediary company would make advance payment for loan to repay for the existing loan, or 'joint loan' was provided to the existing securities lending company with 'Sock L', Q, and 'B', but the existing securities lending account was newly established at the expiration of 1 to 2 percent of the new bond loan by using the existing securities pledge loan.

Accordingly, this role in overall management of the whole process of the crime from the participation in the crime to the distribution of profits by cashing funds, the J manages the process of opening a securities account, trading of stocks, and lending brokerage companies that are victims, and L provides other accomplices with knowledge and information necessary for the process of trading stocks, lending of funds for purchase of stocks, and lending of funds for exchange, based on the experience of stock transaction, and deducts the loans or advance payment deposited by accessing the website of Nowon-gu computer from other accounts. N assists in the security, providing convenience, such as security, driving, and counseling to the call center for lending and arranging companies, and provides them with the name of "the defendant's mobile phone" and "the defendant's mobile phone and the defendant's mobile phone will not be included in the name of "the defendant's mobile account" and "the defendant's mobile phone will not be included in the name of "the defendant's mobile account" and "the defendant's cell phone will not be included in the process of the crime," and "the defendant's cell phone will not be included in the name of "the defendant."

【Criminal Facts】

1. Joint criminal conduct by Defendant E and F;

The above Defendants opened one investment securities account in the name of L, J, N (hereinafter referred to as “L”) C, C, and deposited 150,000,000 won in the name of “C” on November 10, 2015, and received 299,925,000 won as collateral for the said deposit from A non-Korean Capital Capital; and deposited 150,000,000 won in the one investment securities account in the name of “B” on November 13, 2015; and received the said deposit from Dong Savings Bank as collateral.

In addition to C, B, L, etc. on November 18, 2015, in which it is impossible to know the 'V' 'V' room in U in Tong-si around 11:00 on November 18, 2015, the above Defendants concluded that the Defendant terminated the right of pledge by repaying the loan to the employees W of the U.S. P. S. P. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S. S. S. S. S. S.S. S. S. S.S.S.S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S. S.C.S.S.S.S.S.S.S.S.S.s.s. loan loan.

However, the above Defendants, C, B, L, etc. did not intend to repay existing loans and provide securities accounts as collateral to the NAF, even if they received the loan from the NAF from the NAF through the victim, and they thought that they would be locked by deducting the loan from the NAF to other accounts under their management.

As a result, Defendant E, F was delivered property by deceiving the victim in collusion with C, B, L, etc.

2. Defendant D’s crime

The above Defendant, according to the aforementioned public contest and role allocation with E, F, C, B, L, etc., by deceiving the Victim Co., Ltd., 294,925,00 won, and by taking over KRW 587,850,00 in total from the name of B, 293,925,00, and the name of B, 293,925,000 in the name of exchange loan, by taking over the money under the name of B, as described in paragraph (1), by facilitating the commission of the crime of Paragraph (1) of E, etc. under the direction of E, and by facilitating the escape.

3. Defendant C’s crime

The above Defendant opened one investment securities account (S) in the name of the Defendant on November 10, 2015 and deposited KRW 150,000,000 in accordance with the aforementioned public offering and role sharing with E, F, L, etc. (hereinafter “E, etc.”), and received a loan for purchasing stocks of KRW 29,925,000 from Anon-Hak Capital Capital Co., Ltd. as security.

At around 11:00 on November 18, 2015, the above Defendant, along with E, falsely speaks that “on the part of the employee of the No.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S.S. S. S. S.S. S. S.S. S. S.S. S.S. S.S. S.S. S.S.S. S. S.S. S. S.S. S. S. S.S. S. S.S. S. S.S. S. S.S. S. S. S. S.S. S. S. S.S. S.S. S. S.

However, the above defendant and E, etc. did not intend to repay existing loans according to the agreement even if they received loan from the Nonghyup Capital through the victim and to offer the securities account as security to the Nonghyup Capital, and they thought that they would be locked by deducting them from other accounts under their management.

As a result, Defendant C received property by deceiving the victim in collusion with E, etc.

4. Defendant B’s crime

The above Defendant opened one investment securities account (T) in the name of the Defendant on November 10, 2015, and deposited KRW 150,000,000 in accordance with the aforementioned public offering and role sharing with E, etc., and received a share purchase fund loan of KRW 299,925,000 from the Dong Savings Bank as security.

At around 11:00 on November 18, 2015, the above Defendant, along with E, makes a false statement that “on behalf of the employees of the No. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S.S. S. S.S. S. S. S.S. S.S. S.S. S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S. S.S.S.S.S.S. S.S.S.S.S. S

However, even if the Defendant and E received a loan from the Nonghyup Capital through the victim, they did not intend to repay the existing loan in accordance with the agreement and to provide the securities account as collateral to the Nonghyup Capital, and they were thought to return the loan to another account under their management.

As a result, Defendant B received property by deceiving the victim in collusion with E, etc.

5. Defendant A’s crime;

(a) Fraud against the victim S&C system business;

The above Defendant opened an NH Investment Securities Account (Y) under the name of the Defendant around November 24, 2015, deposited KRW 100,000,000 in cash to the said securities account on the 25th day of the same month following the day, and deposited KRW 241,005,000,000,000, excluding fees, from Non-NF Capital Capital to the above securities account through the victim S&C system and deposited KRW 246,005,00,000, excluding fees. On December 1, 2015, from the guest room where it is impossible to know the above subparagraph 'AA hotel' in the Guri-si on December 1, 2015, the Defendant immediately requested the Defendant to exchange the above securities loan in the name of Non-NF Capital loan in the name of the Defendant’s employees.

However, even if the above defendant,O, etc. received a prior payment from the victim for the repayment of the existing loan for the repayment of the loan, it was planned to transfer it to the account in the name of one bank in the name of the corporation, and there was no intention to use it for the repayment of the existing loan.

The above Defendant, together with AC, was accused of the victim, and was transferred KRW 237,00,000 to the said securities account under the name of the victim on the same day.

As a result, Defendant A was informed of the victim in collusion with this and received property from the victim.

B. Fraud against the victim MN cases

On November 24, 2015, the above Defendant opened a securities account (Account Number AD) under the name of the Defendant, deposited KRW 150,000,000 in cash in the said securities account on the 25th of the following month, and purchased shares by borrowing KRW 290,005,000 (except commission) from the KB Savings Bank. On the 27th of the same month following this title, the said Defendant obtained a loan from the KB Savings Bank as a collateral for the said shares and securities account on the 290,005,000 (except commission).

On December 1, 2015, the above defendant, along with 0, etc., held 343,200,000 won in total and deposited 431,70,000 won in four items, including current mutual lives, and borrowed 300,000 won from the Korean Commercial Savings Bank as collateral. Since the interest rate problem, the above defendant want to receive 300,000 won in substitute loans from IMS Mutual Savings Bank as collateral, and then, I would like to request this mediation, which would normally offer the above stocks as collateral and request a substitute loan brokerage as if they will receive 300,000 won in substitute loans.

However, even if the above defendants,0,00 were to receive a repayment loan from the MSS Mutual Savings Bank through the victim, there was only a plan to dispose of the above shares, etc. and to be deducted, and there was no intention to offer them as security to the MS Mutual Savings Bank.

The above Defendant, along with the above, by deceiving the victim as above and allowing the victim to implement the substitution loan of MS Mutual Savings Bank under the responsibility of the victim, received KRW 294,525,000 from the above securities account in the name of the Defendant on the same day.

As a result, Defendant A was informed of the victim in collusion with this and received property from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of examination by the prosecution against J;

1. Copies of each police suspect examination protocol of P, Q,O, L, and N;

1. Each police statement (including copies thereof) made to AE, AF, AG, AH, AI, and AJ;

1. Each complaint filed by the S&C system, AH, and NH Capital AK;

1. Recording records;

1. Return on the details of A currency, details of securities transactions, etc. and the request for details of financial transactions;

1. Each investigation report (to attach information on opening one of the suspect A-I-Investment Securities, to confirm the place of movement related to the crime, to attach an application for opening two mobile phones and an application for opening a security account, to attach documents attached to the submission of the victim M&K loan agreement, and to attach documents of account transactions in one bank account

1. Previous convictions as indicated in the judgment: The results of inquiries (E, D, B), Busan District Court Decision 2016Kadan1539, and the details of inquiry into the case, the details of the assistance of Jinju in the Changwon District Court Decision 2016 Godan549, the details of inquiry into the case, the Daegu District Court Decision 2016 Godan889, and the details of inquiry into the case;

Application of Statutes

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

(a) Defendant A: Articles 347(1) and 30 of the Criminal Act;

B. Defendant E: Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) and Article 30 of the Criminal Act (generality)

(c) Defendant F: Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 347(1) and 30 of the Criminal Act (generality)

D. Defendant D: 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

(e) Defendant B: Articles 347(1) and 30 of the Criminal Act

(f) Defendant C: Articles 347(1) and 30 of the Criminal Act

1. Statutory mitigation;

Defendant D: Articles 32(2) and 55(1)3 (Accessories) of the Criminal Act

1. Handling concurrent crimes;

Defendant E, D, and B: the latter part of Article 37 of the Criminal Code and Article 39 Section 1 of the Criminal Code

1. Reduction following the handling of concurrent crimes;

Defendant D: the latter part of Article 39(1) of the Criminal Act and Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed in the crime of fraud against the victim M&W case with a heavier penalty)

1. Discretionary mitigation;

Defendant E, F, and D: each of the Articles 53 and 55(1)3 of the Criminal Code (The following favorable consideration of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing):

Reasons for sentencing

1. Defendant A

(a) The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime Group, organizational fraud, and not less than five billion won but less than five billion won (Type 3)

[Special Escopics] Reductions: Simples

[Scope of Recommendation] One year and six months from six months to five years (in the case of the increase in the first step as a result of the combination of mitigation areas and the combination of combinations, the lower limit of sentence range shall be reduced by one-third, but the lower limit of the types applied to the most severe single crime shall be limited to the lower limit of the scope of sentence)

(c) Determination of sentence;

The defendant's crime provided a securities account opened in his/her own name and received a credit loan under the name of funds for purchasing stocks as collateral and the balance of deposit received from the second financial right as collateral and did not use the loan in the repayment of the existing loan, or arbitrarily deducted the stocks and deposits that the loan was provided as collateral, and the nature of the crime and the criminal fact are not less complicated.

However, without recognizing the whole crime plan, the defendant only takes charge of the so-called ‘the so-called ‘the' role of providing the securities account under his name to the principal offender of the crime, and it seems that the degree of participation is insignificant and there are almost no actual gains, and there are no criminal records of the same kind and imprisonment without prison labor or more, and it is contrary to recognizing the errors.

In addition, considering the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances revealed in the arguments and records, etc., the punishment is determined as ordered by excess of the lower limit of the sentencing guidelines and the execution of the sentence is suspended.

2. Defendant E, F

(a) Scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Fraudulent Crime Group, organizational fraud, and not less than five billion won but less than five billion won (Type 3)

[Special Escopics] Reductions: Simples

[Scope of Recommendation] Two to Five years (Discretionary) imprisonment

(c) Determination of sentence;

The Defendants’ crime is that by drawing up C and B into “B” and providing the securities account opened in their names, the Defendants received a credit loan as security for stock purchase fund, and the balance of the stocks purchased and the deposit account as security, and did not use the loan for the repayment of the existing loan in the second financial right, and the nature and circumstances of the crime are not easy.

However, without properly recognizing the overall criminal act plan, the Defendants did not act as the nominal owner of the securities account to be provided to the principal offenders of the crime, and did not act as the physical owner, and the profits actually acquired are deemed to be insignificant, and are contrary to recognizing the mistake. In the case of Defendant E, the equity should also be taken into account when the judgment of the first head of the judgment becomes final and conclusive.

In addition, the defendants' age, character and conduct and environment, motive and consequence of the crime, circumstances revealed in the records and pleadings, etc. shall be determined as ordered and the execution thereof shall be suspended.

3. Defendant D

(a) Scope of applicable sentences under Acts: Imprisonment on April 15 to September 3; and

(b) Determination of sentence 5);

The defendant's crime makes it easy for accomplices to commit the crime of not using the loan in the existing repayment of the loan, because they received the credit loan under the name of the stock purchase fund as collateral and the balance of the deposit received from the second financial right as collateral, by moving the 'ba' to the vehicle in accordance with the direction of E or managing the camp of the 'ba'.

The Defendant was involved in the instant crime according to E’s solicitation, and was only in charge of managing “ba,” without properly recognizing the overall criminal activity plan,” and appears to have not been actually acquired profits. The equity between the first head of the judgment is also considered when the judgment becomes final and conclusive.

In addition, considering the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances revealed after the crime, etc., the punishment shall be determined as ordered and the execution thereof shall be suspended.

4. Defendant B, C

(a) The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

(b) 6 scope of recommendations based on the sentencing criteria; and

[Determination of Punishment] Fraudulent Crime Group, organizational fraud, and not less than KRW 100,000 but less than KRW 500,000 (Type 2)

[Special Escopics] Reductions: Simples

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years (Mitigation)

(c) Determination of sentence;

The Defendants’ crime provided the securities account opened in their names and received the so-called "transfer loan" of the stocks purchased after obtaining a credit loan under the name of the fund for purchase of stocks as collateral and the balance of deposit received from the 2nd gold convergence right as collateral, and did not use the loan in the repayment of the existing loan, or deducted the stocks and deposit received from the collateral, and the crime and the crime committed are not easy.

However, without properly recognizing the overall criminal act plan, the Defendants are only responsible for the so-called ‘the so-called ‘b' role of providing the securities account opened in their names to the principal offenders of the crime, and the degree of participation is insignificant, and the gains gained are also insignificant, and are contrary to the recognition of mistake. In the case of Defendant B, the equity between the first head of the judgment in the judgment and the case where the judgment is rendered simultaneously with the crime for which the first head of the judgment in the judgment became final shall be considered, and Defendant C has no criminal records other

In addition, the defendants' age, character and conduct and environment, motive and consequence of the crime, circumstances revealed in the records and pleadings, etc. shall be determined as ordered and the execution thereof shall be suspended.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) In the case of a stock purchase financing loan with a decline of the collateral ratio of 100 [100] loans due to stock price fluctuations, etc., if the risk of the opposing trading is increased, the stock purchase financing loan was obtained by converting the stock purchase financing into another stock security financing product, and the securities account can be used as it is without disposing of the stocks. In the event that the Stacts themselves intermediate the 'security lending'.

2) The original shall either repay existing loans with a preferential loan or repay existing loans with a preferential loan and shall repay the advance payment with a new preferential loan.

3) Although the facts charged are X, etc., they shall be corrected ex officio, considering the aforementioned roles of E, by deeming it as a clerical error in C and B.

4) Although the sentencing guidelines are not applicable to the crimes of the judgment against Defendant E in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentencing guidelines are indicated in reference to the sentencing guidelines.

5) Since it is a aiding and abetting offender, the sentencing criteria shall not apply.

6) Although the sentencing guidelines are not applicable to the crimes of the judgment against Defendant B in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentencing guidelines are indicated for reference in sentencing guidelines.