2019 Highest 1181, 1862 (Joint), 2289 (Joint), 2461 (Joint), 2914 (Joint)

Fraud, Embezzlement

A

Park Jong-chul (prosecution) and public trial;

Dongwon General Law Firm, Attorneys Southern Gyeong-tae, and Kim Jong-jin

July 18, 2019

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

criminal history room2019 Highest 1181;

Around December 2017, the Defendant, using a mobile phone at the Defendant’s residence located in Gwangjin-gu Seoul Special Metropolitan City, sent a statement that “A” was connected to C’s organization or reading room (name: D, E, etc.) using a mobile phone, and, considering that the victim F, etc. himself/herself is an expert in virtual currency and an asset of KRW million, he/she may bring high profit from market price profits if he/she invests in G, etc. in virtual currency which is a nose where he/she is imminent.” On February 2, 2018, the Defendant sent a statement that “The victim F, who reported and contacted such a statement, would bring profits from investment if he/she transfers money or send virtual currency.”

However, in fact, the defendant did not hold the assets of Suwon billion won, and even if he was involved in the Internet horse gambling at the time, he did not use it for the investment of virtual currency but did not want to provide investment profits to the victim F because he did not have the ability to provide investment profits.

Nevertheless, the Defendant, as above, belongs to the victim F and received H 19,410 virtual currency from the victim on March 28, 2018 (1,2360,000 won, around March 28, 2018) from the victim, from then on eight times until June 9, 2018, the Defendant received KRW 35,180,494 (1,2360,000,000 from the victims) as the Defendant’s wallet opened in the virtual currency exchange, such as “I,” and received KRW 5.9 million in cash from the victims to the Defendant’s J bank account (K). Accordingly, the Defendant acquired property from the victims.

"2019 Highest 1862

On September 28, 2018, the Defendant posted a letter on the Defendant’s home located in Gwangjin-gu Seoul Special Metropolitan City, stating that he/she sold cultural products rights by accessing Internet LKaf M, and falsely sent money to the victim N who reported and contacted this article.

However, in fact, the defendant did not send a cultural product right that he had in need of money, but tried to continue to sell it to many people who inquire about purchase on the Internet site, so there was no intention or ability to send it even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 440,00 from the victim to the corporate bank account in A’s name on the same day, and received the total amount of KRW 1,360,000 from the victims five times in total, as described in the Attached 2 Crime List from October 5, 2018.

around October 2018, the Defendant served as a business employee in Gangnam-gu Seoul Metropolitan Government 0’s entertainment tavern, and was in custody for the victim by receiving KRW 1,010,000 from an unclaimed customer who visited the said entertainment tavern from the unclaimed customer who visited the said entertainment tavern business, and was in custody for the victim, the Defendant did not deliver the above drinking value to the victim, and used the Defendant’s debt repayment and the gold for personal purposes, such as the business operator, etc. around that time. From that time to December 2, 2018, the Defendant spent KRW 2,480,000 in total five times in mind, as follows, from that time to December 2018.

A person shall be appointed.

Around December 15, 2018, the Defendant continued to resign from the above entertainment drinking club and continued to be required to return Samsung Gallon City S7 mobile phones equivalent to KRW 500,000 in the market value of the victim’s possession, which was kept by the victim for the purpose of his/her business use, as an employee of the business, for the purpose of his/her business use, but did not return it.

Accordingly, the defendant embezzled the victim's property.

[2019 Highest 2461]

On October 1, 2018, the Defendant posted a letter to the effect that the Defendant sold the MaKa Potet in the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu)’s office, and made a false statement to the victim S who reported and contacted the fact that “I would send the Macotet to the remittance of money.”

However, in fact, the Defendant did not send the roll tickets because of the need for money, but did not want to receive money to continue to sell the roll tickets to many people who asked about the purchase at the Internet site. Therefore, even if he received money from the victim, the Defendant did not have any intention or ability to send the above diskettes.

Ultimately, the Defendant, by deceiving the victim as above, was transferred KRW 450,000 to the J bank account under the name of the Defendant around October 1, 2018, around 02:43, 2018 from the victim. The Defendant was transferred KRW 450,000 to the J Bank account under the name of the Defendant.

On September 29, 2018, at the defendant's office located in Gwangjin-gu Seoul Special Metropolitan City, the defendant posted a letter to sell three copies of the admission tickets for the Rogbio Babrid, the head of the office, the head of the office, and the head of the office, the head of the office, the head of the office, and the defendant sent money to the victim in contact with him.

However, in fact, the Defendant already purchased three copies of the admission tickets to the head of the Ribrid, the head of the Ribrid, and three copies of the admission tickets to which the Defendant had already purchased, and the Defendant had no intent or ability to deliver the admission tickets even if he received the payment of the admission tickets from the victim due to gambling. The Defendant received 360,000 won from the victim to the J bank K bank account in the name of the Defendant around 12:07 day.

On September 30, 2018, the Defendant continued to receive KRW 450,000 from the victim U as the price for admission tickets, and received KRW 220,000 from the victim V as the price for admission tickets.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

"2019 Highest 1181"

1. Defendant's legal statement;

1. Each police statement made to F and W;

1. Report on internal investigation (verification of the issuance of the virtual currency wallet exchange);

1. Details of each virtual currency transaction, I's Defendant Xelectronic wall address, printed out of the screen, address of the victim's virtual currency electronic tag, and printed out of the screen, each transfer confirmation, computer screen, printed out of the screen, C dialogue, group hosting, and group hosting.

1. Defendant's legal statement;

1. Each statement of Y, Z, AA, AB, and N, each account transaction, each text message, each of the C message, text message, Ma posted “2019 Highest 2289;

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Certificates of Qua and a written statement AC;

1. The details of dialogue between a business team C group or reading room, the details of Q’s account, the details of “AD” book, and the message sent and received with a suspect “2019 order2461”;

1. Defendant's legal statement;

1. The S Statement;

1. Details of account transactions, text messages, 2019 Highest 2914);

1. Defendant's legal statement;

1. Each written statement of T, U, and V;

1. Application of the details of each transfer, text messages, and statutes governing sales or posting;

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

Article 347 (1) of the Criminal Code (Fraud) of the Criminal Code, Article 355 (1) of the Criminal Code (the point of embezzlement) of the Criminal Code, and the choice of imprisonment with prison labor

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act concerning the reason for sentencing

【Scope of Recommendation】

(a) Type 1 (less than KRW 100,00) and the basic area (two months to one year and six months) of crimes (Fraud);

In case of a special serious factor: in case of committing a crime against an unspecified or large number of victims or repeatedly over a considerable period of time;

【Special mitigation factors: In cases where punishment is not granted or a significant damage is recovered;

(b) A third crime;

- Types 1 (less than KRW 100 million) for embezzlement and breach of trust

- Mitigation elements: in cases where punishment is not granted or a significant damage is recovered;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to August 10 (the first crime maximum + the second crime maximum + 1/2 + the third crime maximum).

【Determination of Sentence】

In order to raise entertainment funds, including Defendant Gambling, it is bad to commit fraud against many unspecified persons or embezzled property. However, the crime is recognized and against all of the defendants, most of the victims are repaid and agreed to pay damages, and prior to the instant case, all of the sentencing conditions indicated in the arguments, including the fact that there is no criminal history, as well as the fine of small amount, before the instant case, shall be determined by comprehensively taking into account all the sentencing conditions indicated in the arguments.

Judges Choi Han-soo