2016 Mada1600, 2371 (Consolidation) fraud

(b) Violation of the Telecommunications Business Act;

(c) Violation of the Electronic Financial Transactions Act;

1. A. (b) . (c) Ma-○ (84 - 1) , Company members

Residential Nam-gu, Incheon Metropolitan City

Silung-si in the place of registration

2. A. B. B. G. Kim Jong-1 (84 - 1), delivery center

Housing, Nam-gu, Incheon Metropolitan City Sung-ro

Reference domicile Incheon Southern-gu

3. A. B. Kim Man (84 - 1) and daily workers;

Residential Nam-gu, Incheon Metropolitan City stonehouse

Standard place of registration: Cr. Shocheon-si

4. (a) . (b) Dan-○ (82 - 1) , Company members

Housing, Nam-gu, Incheon Metropolitan City, 90-gil 37, 304 (States)

And Dong)

Jung-gu Incheon, Jung-gu, Incheon, 1

Lee Jong-hun, No. 1 ( Indictments), Kim Jong-le (Trial)

Attorney Cho Tae-tae (Apon for Defendant Kim Il-○)

Attorney Park Jong-hun (the national election for defendant Kim Il-young)

June 29, 2016

Defendant ○○○’s imprisonment with prison labor for ten months, and Defendant Kim Madle’s imprisonment with prison labor for one year, and Defendant Kim Madle’s imprisonment 6

A person who, on a monthly basis, is punished by imprisonment for not less than eight months.

However, the execution of each of the above punishment against the defendant Kim Man and Kang ○○ for two years from the date this judgment became final and conclusive.

shall be deferred.

To order Defendant Kim ○-○ to provide community service for 160 hours.

Probation is imposed on the defendant's lecture, and community service is ordered for 200 hours.

Facts of crime

(2016 Highest 1600)

On January 11, 2015, Defendant Kim Il-chul was sentenced to imprisonment with prison labor for the violation of the Military Service Act at the Incheon District Court on April 201, and the judgment became final and conclusive on the 19th of the same month.

1. The joint principal offender of Defendant Kim Il-young and Jung-○.

(a) Fraud

1) The Defendant and regular ○○○, along with the establishment of an old-age corporation, opened a cell phone in the name of the corporation through the establishment of the old-age corporation, and did not pay the mobile phone price, etc., and sold it to the middle and high-ranking mobile phone, etc. The Defendant Kim Il-young overall the above series of crimes, and this ○○ received 600,000 won per juristic person for the establishment of a juristic person instead of establishing a juristic person under his/her own name, and ○○ was willing to open a cell phone, wireless Internet, etc. in the name of the old-age juristic person established as above.

On February 21, 2013, the Defendant and ○○ established ○ Information and Communications Co., Ltd., Ltd. (hereinafter “○○○”) with in-house directors via the Internet, and established ○○ ○ ○ ○ ○ ○ ○ ○ ○, Inc. in the same manner as around July 5, 2013.

On February 26, 2013, the Defendant continued to set up a false statement as if the Defendant would normally pay the user fee on the opening of the Internet line in the name of ○ Information and Communications Co., Ltd. at the victim KTJ branch located in Seocheon-si, Seocheon-si, Seocheon-si.

However, in fact, the defendant and the regular ○○ was trying to sell the device after opening the Internet line, and did not have the intention or ability to pay the wireless fee normally.

Nevertheless, as seen above, the Defendant and Jung ○○ acquired this pecuniary profit equivalent to the same amount by deceiving the victim and allowing the victim to open 20 lines on the same day, by failing to pay KRW 2,209,280 on the same day, and by failing to pay KRW 2,280 on the same day. From the above date to August 9, 2013, the Defendant and Jung ○○ acquired this pecuniary profit by failing to pay KRW 21,401,024 on 15 occasions after opening the radio Internet 261 lines from the above date to August 9, 2013, as shown in the List of Crimes (1).

As a result, Defendant 2, 200, 200 won, 401, 024 won by deceiving victims in collusion with this ○○○○.

2) The Defendant and regular ○○○ opened a cell phone in the name of a juristic person through the establishment of a floating juristic person, and did not pay the mobile phone price, etc., and then sold the cell phone, etc., and the Defendant overall overall control over the above series of crimes. In lieu of establishing a juristic person under his/her own name, the Defendant was willing to establish a cell phone, wireless Internet, etc. in the name of a floating juristic person established by the agent, and the Defendant was willing to establish a cell phone, wireless Internet, etc. in the name of the floating juristic person established by the agent.

Defendant 1, ○○, and ○○ are in company ○○ through the Internet on April 1, 2013 at the Blue land.

○○ Espart Co., Ltd. was established.

On April 2, 2013, 2013, at the victim KT Incheon Branch located in Nam-gu, Incheon, Nam-gu, Incheon, the Defendant and Jung-○ continued to present the ET Incheon branch, which was purchased in advance by the Defendant, and made a false statement as if he would normally pay the user fee for opening the Internet line in the name of ○○ Espt Co., Ltd.

However, in fact, the defendant and the regular ○○ was trying to sell the device after opening the Internet line, and did not have the intention or ability to pay the wireless fee normally.

Nevertheless, as seen above, the Defendant and Y○○○, by deceiving the victim and allowing the victim to open the 17th line of the wireless Internet on the same day, did not pay 1,286,560 won for the same day and did not pay 1,286,560 won for the same amount, thereby acquiring property benefits equivalent to the same amount. From the above date to April 3, 2013, the Defendant and Y○○ obtained property benefits by not paying 1,286,560 won for the upcoming 17 lines of the wireless Internet from the above 17th line of time to April 3, 2013 as shown in the list of crimes in the attached Form (2) and by not paying 1,286,560 won for the total amount of the market value, and acquired 2,220,000 won mobile phones from the victims.

As a result, the defendant and YOO acquired property benefits and property amounting to KRW 3,506,560 through two times by deceiving victims in collusion with YOOOO.

3) The Defendant and Y○○○ is to open an Internet line, etc. under the name of an old-age corporation and sell the E-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

was.

On September 23, 2013, the Defendant continued to make a false statement as if he would normally pay the user fee on the opening of the Internet line in the name of ○○○ Metal Co., Ltd. at the victim KT branch located in Seocheon-si, Seocheon-gu, Seocheon-si.

However, in fact, the defendant and YO opened the Internet line, and only sold the E-mail terminal, and there was no intention or ability to pay the wireless fee normally.

Nevertheless, the Defendant and Ma-○, as mentioned above, did not pay the fee of KRW 13,59,960 on the same day after deceiving the victim and opening 143 wireless Internet from the victim, thereby acquiring property benefits equivalent to the same amount.

As a result, the defendant and Jung-○ had conspiredd the victim to obtain a total of KRW 13,59,960 from the perspective of deceiving the victim.

(b) Violation of the Telecommunications Business Act;

No person may intermediate another person's communications using a telecommunications service provided by a telecommunications business operator, or provide it for another person's communications.

1) The Defendant and Ma-○ is a legal person’s name, as described in this Section 1-A(1).

around February 2, 2013, in the vicinity of the territory of the Nam-gu, Incheon Metropolitan City, it derived from selling the 20 unit E to 7-100,000 won per 7-20,000 won per unit, and around February 2, 2013, from around August 2013 to around August 2013, 261 unit E-1 as shown in the attached list of crimes (1-1).

Accordingly, in collusion with this ○○○, the Defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications by others.

2) As indicated in paragraph 1-A(2), the Defendant and Jeong Jong-dong, as well as U.S. ○○ and U.S. 1-A(2) set up funds by disposing of B/C under the name of the corporation and raising funds. On April 2013, the Defendant sold E/C 17 units to B/C purchaser in a middle and high-standing manner in the boundary of the State, Nam-gu, Incheon Metropolitan City, and to B/C around 100,000 won.

As a result, the Defendant and YOO in collusion with ○○○, provided by telecommunications business operators.

The new service was provided for another person's communication.

3) As described in paragraph 1-A-3, the Defendant and Jeong Jong-○ sold 143 units for each 7 to 100,000 won to the purchaser of the building in front of the territory of the Nam-gu Incheon Metropolitan City. In around September 2013, the Defendant and Jung-○ sold 143 units for each 7 to 143 units of the building in front of the territory of the State.

Accordingly, the defendant and ○○○ offered telecommunications services provided by telecommunications business operators for the purpose of communications by other persons.

2. Joint criminal conduct by Defendant Kim○-○, and Defendant Gangnam-○.

(a) Fraud

After opening the cell phone, etc. under the name of the oil-related corporation, the Defendants agreed to acquire money by selling the cell phone, etc., and after establishing a corporation, Defendant Gangnam-gu intended to transfer the phone, etc. through the name of the corporation and distribute the proceeds therefrom. The Defendants established ○○○○, Inc., a corporation with intra-company director via the Internet from the cross-disception of the trade name located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, as of December 14, 2012. The Defendants established the mutual information under the same law around January 9, 2013.

On December 18, 2012, the Defendants continued to make a false statement as if the Defendant would normally pay the cost of using the cell phone in the name of ○○○ Pck Co., Ltd. at the time of opening the cell phone in the name of ○○ Pck.

However, the Defendants only attempted to open a mobile phone and sell the mobile phone in high order, and there was no intention or ability to pay the mobile phone price normally.

Nevertheless, the Defendants: (a) deceiving the victim as above and received two mobile phones of an amount equivalent to KRW 1,892,00 at the market price from the victim, i.e., the victim’s seat; and (b) obtained pecuniary benefits from the victims by acquiring the total amount of KRW 10,162,50 from the time of the above day to January 23, 2013, including the following: (c) six mobile phones of the total market price of KRW 5,72,000 over 16 times; (d) opened the 32-time radio Internet, TV, twice TV, and once on the Internet, and did not pay KRW 4,559,405; and (d) obtained pecuniary benefits from the victims, including KRW 10,162,595,55.

As a result, the Defendants conspired to induce victims and received a total of KRW 10, 162, 595 property and acquired pecuniary benefits through 16 times.

(b) Violation of the Telecommunications Business Act;

No person may intermediate another person's communications using a telecommunications service provided by a telecommunications business operator, or provide it for another person's communications.

Nevertheless, the Defendants, as described in paragraph (1) of Article 2, sold 32 parts of the Defendants’ total sum of seven times from December 2, 2012 to January 2013, 2012, including selling 7 to 100,000 won per sex, among the medium and large-sized suppliers of E, in the vicinity of the territory of the Nam-gu, Incheon Metropolitan City.

Accordingly, the Defendants conspired to provide telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

3. Defendant Kim○○, Defendant Kim Mack’s joint criminal conduct

After establishing a floating corporation, the Defendants and Park ○○ intended to open the cell phone in the name of the corporation and to create money by selling the cell phone, etc. without paying the price of a closed-end mobile phone, etc. Defendant Kim○○, Defendant Kim○, who has overall control over the above series of crimes, Defendant Kim○, who has established a corporation under his own name and received 1.5 million won per each corporation in return for the establishment of a corporation and the payment of 1.5 million won per each corporation, and Defendant Kim Il-tae was to take charge of the role of opening the wireless Internet, etc. in the name of a floating corporation established as above at the KT branch.

Park ○-○ established BBT information and communication on January 31, 2013, through the Internet, on the stock conference with his/her inside director from the ordinary land on January 31, 2013.

On February 5, 2013, Defendant Kim Jong-gu continued to provide the victim KT LT at the end point of Bupyeong-gu Incheon in Bupyeong-gu, Incheon, with the air system purchased in advance, and make a false statement as if he would normally pay the user fee on the Internet line in the name of Bright Information and Communication Co., Ltd.

However, in fact, the defendants opened the Internet line and intended to sell the unit, and did not have the intention or ability to pay the radio Internet fee normally.

Nevertheless, the Defendants, as seen above, by deceiving the victim and allowing him to open 20 lines on the same day as the victim, did not pay the fee of 2,783,968 won and did not pay the fee of 2,783,968 won, thereby obtaining pecuniary benefits equivalent to the same amount. From the above date to February 13, 2013, the Defendants obtained pecuniary benefits equivalent to the same amount by failing to pay the fee of 3,91,763 won after opening 30 lines on the wireless Internet as described in No. 2 and No. 3 of the List of Crimes (4) No. 2 and No. 3.

As a result, the Defendants conspired with Park○-○○ and deceiving the victim, thereby acquiring a total of KRW 3,91, 763 proprietary benefits over two occasions.

4. Defendant Kim Il-chul

(a) Fraud

around November 7, 2012, the Defendant established “B” information on “B” Co., Ltd., Ltd., a director of the company via the Internet through the mutual incompetence in the Nam-gu Incheon Metropolitan City, and established EFM services in the same manner as on December 21, 2012, and established “B” in the same manner as on July 31, 2013.

On November 12, 2012, the Defendant continued to have access to the Internet site of the victim KTK by using a computer at the above telecom, and applied for a wireless Internet subscription in the name of the above corporation, by pretending that the wireless Internet is normally paid at the time of opening the information in the name of BBB Co., Ltd., as if it were to pay the user fee in a normal manner.

However, the facts are that the defendant was trying to sell the device after opening the Internet line, and there was no intention or ability to pay the radio Internet user fee normally.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to open 4 lines on the same day; and (c) obtained pecuniary benefits equivalent to the above amount by paying KRW 294 and KRW 240 on the same day; and (d) received eight mobile phones equivalent to KRW 6,242,70 from the above date to August 5, 2013, such as the list of crimes (5) at the market price; (b) obtained eight mobile phones equivalent to KRW 20,971,372 from the date of opening 210; and (c) obtained economic benefits from the victims over 18 times, and acquired economic benefits in total, KRW 27,214,072 from the victims.

(b) Violation of the Telecommunications Business Act;

No person may intermediate another person's communications using a telecommunications service provided by a telecommunications business operator, or provide it for another person's communications.

Nevertheless, the Defendant, as described in paragraph 4(a), disposed of it in the name of the juristic person and raising funds, and sold 210 parts of it in total over 12 times from November 2012 to August 2013, 2012, including selling 7 to 100,000 won per 7 to 5 to 100,000 won in name in the vicinity of the territory of the Nam-gu Incheon Metropolitan City, Nam-gu.

Accordingly, the defendant has contributed to telecommunications services provided by telecommunications business operators for other's communications purposes.

5. Defendant Kim Jong-○

(a) Fraud

1) On December 2012, 2012, the Defendant established a memorial corporation along with the Haman Kim Jong, opened a portable phone in its name, etc., and gathered to acquire money by disposing of it, and opened a mobile phone, wireless Internet, etc. in the name of the legal entity by reporting Kim Jong-si to open the legal entity, and then, the Defendant was in charge of selling the mobile phone, and the Defendant’s cell phone, and the devices.

Around January 14, 2013, the Defendant and ○○ established ○○○○ Co., Ltd., Ltd., a director of an intra-company office via the Internet, at the residence of Kim○○, located in the Nam-gu Incheon Metropolitan City, and around January 31, 2013, an information and communications company was established in the same manner as the Defendant and Kim○.

On January 16, 2013, the Defendant and Kim○-○ continued to present the E-mail system prepared in advance by the victim KT Training Branch located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and made a false statement as if the radio Internet was opened in the name of ○○ Port Co., Ltd. and would normally pay the cost of use.

However, the defendant and Kim○ was trying to sell the device after opening the wireless Internet, and there was no intention or ability to pay the radio Internet fee normally.

Nevertheless, the Defendant and Kim Jong-Un, as mentioned above, got the victim into 15 times via the radio Internet, and did not pay the amount of KRW 884,368, and did not pay the same amount, thereby obtaining property benefits equivalent to the same amount. From the above date to April 23, 2013, the Defendant and Kim Jong-Un received four cell phoness equivalent to the total market price of KRW 5,785,40 over seven times, such as the list of crimes (6) from the above date to April 23, 2013, and received four cell phoness of KRW 2,812,69 without paying the amount of KRW 8,59,00,000,000,000,000 won.

Accordingly, the defendant, in collusion with Kim Jong-gu, induced victims and received a total of KRW 8,598, 099 and acquired property benefits on seven occasions.

2) After establishing an old-age corporation, the Defendant and Park ○○ intended to open a mobile phone, etc. in the name of the corporation, and sell the mobile phone, etc. without paying the price for the mobile phone, etc., and the Defendant took charge of the aforementioned series of crimes. Park○○ established a corporation under his/her name, and received 1.5 million won per each corporation in return, and subsequently set up a mobile phone, etc. in the name of the old-age corporation established by an old-age corporation.

On January 31, 2013, the Defendant and Park ○○ made a false statement on the part of the victim LGU in Incheon, + in the agency of stock companies, that the mobile phone was opened in the name of Balbry information and communication of the company.

However, the defendant and Park○○ had only intended to sell a device while opening the mobile phone, and there was no intention or ability to pay the cost of the mobile phone normally.

Nevertheless, as seen above, the Defendant and Park○○ received three mobile phones equivalent to KRW 2,97,00 at the market price from the victim, namely, from the victim to March 18, 2013, from the victim, the Defendant and Park○○ received three mobile phones equivalent to KRW 2,997,00 at the market price as shown in No. 1 and No. 4 of the crime sight list (4) from the above date and time to March 18, 2013, and received three mobile phones equivalent to KRW 421,00,000 at the market price. After opening four times the radio Internet, the Defendant acquired the economic benefits equivalent to KRW 421,045, without paying KRW 3,418,000 from the victims.

Accordingly, the defendant, in collusion with Park○-○, induced victims and received a total of KRW 3,418,045 property and acquired pecuniary benefits on two occasions.

3 ) 피고인과 김◆◆은 유령법인 명의로 휴대전화 등을 개통한 후 휴대전화 단말기를 중고로 판매하여 금원을 취득하기로 하고 , 김◆◆ 명의로 법인을 설립하되 피고인이 위와 같이 설립한 법인 명의로 휴대전화 , 무선 인터넷 등을 개통한 후 처분하기로 모 의하였다 .

피고인과 김◆◆은 2013 . 1 . 11 . 경 인천 남구 주안동에 있는 상호불상의 피씨방에서 인터넷을 통해 김◆◆을 사내이사로 하는 주식회사 ◆◆소프트를 설립한 후 , 같은 달 17 . 경 서울 중구 퇴계로 24에 있는 피해자 SKT 대리점 ( 수도권 소매채널 ) 에서 , 주식회 사 ◆◆소프트 명의로 휴대전화를 개통해주면 사용요금을 정상적으로 납부할 것처럼 거짓말을 하였다 .

그러나 사실은 피고인과 김◆◆은 휴대전화를 개통한 후 단말기를 중고로 판매하려 하였을 뿐이었고 , 휴대전화 단말기 대금을 정상적으로 납부할 의사나 능력이 없었다 .

그럼에도 불구하고 피고인과 김◆◆은 위와 같이 피해자를 기망하여 이에 속은 피해 자로부터 같은 날 시가 합계 1 , 980 , 000원 상당의 휴대전화 2대를 교부받은 것을 비롯 하여 , 위 일시경부터 2013 . 2 . 8 . 경까지 별지 범죄일람표 ( 7 ) 기재와 같이 8회에 걸쳐 시 가 합계 2 , 888 , 000원 상당의 휴대전화 4대를 교부받고 , 무선 인터넷 19회선 , 인터넷 전 화 및 TV 4회선 등을 개통한 후 사용요금 4 , 156 , 572원을 납부하지 아니하여 동액 상 당의 재산상 이익을 취득하여 , 피해자들로부터 총 7 , 044 , 572원을 편취하였다 .

이로써 피고인은 김◆◆과 공모하여 , 피해자들을 기망하여 8회에 걸쳐 총 7 , 044 , 572 원 상당의 재물을 교부받고 재산상 이익을 취득하였다 .

4) After opening the cell phone, etc. in the name of the old-age corporation, the Defendant and Kim Jong-chul decided to acquire money by selling the cell phone device as a key line, and, after establishing a corporation in the name of Kim Jong-si, the Defendant intended to receive and dispose of the mobile phone, wireless Internet, etc. and distribute the profits therefrom.

On January 29, 2013, the Defendant and Kim Jong-dong established the △ Information and Communications Co., Ltd., Ltd., a director in-house in-house of Kim Jong-dong, which is located in the Nam-gu Incheon Metropolitan City, through the Internet.

On January 30, 2013, the Defendant and Kim Jong-gu continued to make a false statement as if they would normally pay the user fee for the wireless Internet in the name of the information and communication company in the name of the victim KT Incheon Nam-dong, Nam-gu, Incheon.

However, the defendant and Kim Jong-young merely attempted to sell the device after opening the Internet line, and did not have an intention or ability to pay the radio Internet fee normally.

Nevertheless, as seen above, the Defendant and Kim Young-chul, by deceiving the victim and allowing the victim to open the 10-way radio-based Internet on the same day, obtained property benefits equivalent to the same amount by failing to pay the user fee of KRW 1,146,950 on the same day. From the above date to April 2, 2013, one mobile phone equivalent to KRW 59,50 in the market price as shown in the attached crime list (8) was delivered from the above date to April 2, 2013. After opening the 12-line radio-based Internet, 630, 131 won, the Defendant and Kim Young-si acquired property benefits by acquiring the same amount as the victims, by failing to pay the user fee of KRW 2,229,631,00.

As a result, the defendant and Kim Jong-sung conspiredd the victims to receive a total of KRW 2,29, 631 and acquired property benefits on six occasions.

5 ) 피고인은 2012 . 11 . 21 . 경 불상지에서 인터넷을 통해 자신을 사내이사로 하는 주 식회사 ■■ 정보를 설립하고 , 2012 . 12 . 21 . 경 같은 방법으로 주식회사 ■■ 용역을 설 립하였다 .

계속하여 피고인은 2012 . 11 . 26 . 경 인천 남구 문학동에 있는 피해자 LGU + 대리점 에서 , 주식회사 ■■정보 명의로 휴대전화를 개통해주면 사용요금을 정상적으로 납부 할 것처럼 거짓말을 하였다 .

However, in fact, the defendant opened a mobile phone and tried to sell the mobile phone in high order, and there was no intention or ability to pay the mobile phone normally.

Nevertheless, as above, the Defendant, as well as the Defendant, by deceiving the victim as above, received one cell phone of an amount of KRW 935,000 at the market price from the victim, i.e., one mobile phone of KRW 935,00 from the above temporary border to January 9, 2013, received four cell phoness equivalent to the total market price of KRW 4,694,80 over 12 times, such as the list of crimes (9). The Defendant did not pay the amount of KRW 4,356,56,561, and without paying the amount of money equivalent to the property profits equivalent to the above amount of money.

B acquired the victims, and acquired the total amount of KRW 9,051,361 from the victims.

(b) Violation of the Telecommunications Business Act;

No person may intermediate another person's communications using a telecommunications service provided by a telecommunications business operator, or provide it for another person's communications.

1) The Defendant, like as described in paragraph 5-A (1) with Kim Jong-Un and the 5-A), intended to raise funds by disposing of it in the name of the corporation, and around January 2013, the Defendant sold 15 units to E in a total of 35 units from January 2013 to February 2013, as shown in the list of crimes in attached Form (6-1).

Accordingly, the defendant, in collusion with Kim Jong-si, provided telecommunications services provided by telecommunications business operators for the purpose of communications of other persons.

2) The Defendant, like the entry in paragraph 5-A-2, sold 34 times in total from February 2013 to March 2013, 2013, as shown in the list of crimes in attached Form (4-1) in the name of a juristic person that opened in the name of the Defendant, and sold 20 units to the purchaser of A-20 units to B-10,000 won.

Accordingly, in collusion with Park○○○, the Defendant provided telecommunications services provided by telecommunications business operators for communications of other persons.

3 ) 피고인은 김◆◆과 제5의 가 3 ) 항 기재와 같이 개통한 법인 명의 에그를 처분하 여 자금을 마련하기로 하고 , 2013 . 1 . 경 인천 남구 주안동 주안역 부근에서 성명불상의 중고 에그 매입업자에게 에그 19대를 대당 7 ~ 10만원에 판매하였다 .

이로써 피고인은 김◆◆과 공모하여 , 전기통신사업자가 제공하는 전기통신역무를 타인의 통신용으로 제공하였다 .

4) The Defendant, like as described in paragraph 5-A 4), sold 12 vehicles in total on two occasions from January 2013 to February 2013, 2012, as shown in the attached Table of Crimes (8-1) in the name-based weighting area in the territory of the State, Nam-gu, Incheon, and sold 10 to E that purchaser at the end of 7 to 100,000 won per unit.

Accordingly, the defendant provided telecommunications services provided by the telecommunications business operator for the purpose of communications by others in collusion with Kim Jong-si.

5 ) 피고인은 제5의 가 5 ) 항 기재와 같이 개통한 법인 명의 에그를 처분하여 자금을 마련하기로 하고 , 2012 . 11 . 경 ( 주 ) ■■정보를 개설하여 그 법인 명의로 인터넷 무선회 선 4회선을 개통한 후 , 위 일시경 인천 남구 주안동 주안역 부근에서 성명불상의 중고 에그 매입업자에게 에그를 대당 7 ~ 10만원에 판매한 것을 비롯하여 , 2012 . 11 . 경부터 2013 . 4 . 경까지 별지 범죄일람표 ( 9 - 1 ) 기재와 같이 5회에 걸쳐 총 에그 27대를 판매하 였다 .

Accordingly, the defendant has contributed to telecommunications services provided by telecommunications business operators for other's communications purposes.

6. Defendant Kim Madle

(a) Fraud

On January 21, 2013, the Defendant established a company company’s company △△△ Empart, which is one of the intra-company directors via the Internet, at the ordinary and French land on January 21, 2013. Around February 18, 2013, the Defendant established △△ ombudsman’s automobilem in the same manner.

On January 31, 2013, the Defendant continued to file a false application for opening a mobile phone with the victim LG Plus Co., Ltd. as if he/she would normally pay the user fee in the name of △△ Plus Co., Ltd.

However, in fact, the defendant opened a mobile phone and tried to sell the mobile phone in high order, and there was no intention or ability to pay the mobile phone normally.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained four mobile phones equivalent to the total market price of KRW 3,96,00 from the victim of the said temporary border; and (c) obtained the total market price of KRW 6,614,00 from January 31, 2013 to March 6, 2013; (d) obtained seven mobile phones equivalent to the total market price of KRW 6,614,00 from January 31, 2013; and (e) acquired the same amount of money without paying KRW 4,970,275 from the victims, without paying KRW 11,584,275 from the victims.

(b) Violation of the Telecommunications Business Act;

No person may intermediate another person's communications using a telecommunications service provided by a telecommunications business operator, or provide it for another person's communications.

The Defendant, as described in paragraph (1) of Article 6, sold 20 units of money to the purchaser at Guro-gu Seoul Metropolitan Government on February 5, 2013, including selling 8 to 100,000 won per unit. From the above date to March 7, 2013, the Defendant sold 50 units of money in total twice from the above date to March 7, 2013, as indicated in the daily list of crimes (10-1).

Accordingly, the defendant has contributed to telecommunications services provided by telecommunications business operators for other's communications purposes.

(2016 Highest 2371)

At the end of March 2013, Defendant Gangnam-gu asked Defendant Kim○-○ to sell four books of accounts held by Defendant Gangnam-do, and Defendant Kim Jong-○ offered to offer KRW 300,000 per account from a name-free person who became aware of through the Internet bet, and around March 2013, he transferred the means of access to the taxi platform in the name of the national bank (2084), the national bank account (2084), the national bank account (2084), the agricultural bank account (3510), the agricultural bank account (3510), the agricultural bank account (3510), the OTP card, and the 4 Kwikset-do article, respectively.

Accordingly, the Defendants conspired to transfer the means of access.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of Interrogation of each police suspect on Ma○○○, Gong○○, Mabale, Mabale, Kim, Mabale, Kim, Kim ○, Kim Young, Kim Mabale, Mabale, Mabale Bale, and Blue

1. Statement of the police statement of the △△△△, Bront Bront, Bront Bront, and Kim △△△△;

1. Investigation report (verification of the outlines, including cell phoness of victims KT);

1. Copy of the corporate register, details of the liquidation of insolvent corporations, details of the receipt of merchandise coupons, details of damage from wireless products, details of damage from wire products, details of damage from wire products, copies of application form, details of damage, details of goods of insolvent corporations and records of communications;

1. Previous convictions in the judgment: Criminal history records and investigation reports (a confirmation of the records of suspect Kim Il-young);

Application of Statutes

1. Relevant Articles of criminal facts;

Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 97 Subparag. 7 and 30 of the Telecommunications Business Act; Article 30 of the Criminal Act

Defendant ○○○, Gangwon ○: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act

1. Competition;

Article 40 and 50 of the Criminal Act (Mutual Violation of Electronic Financial Transactions Act)

1. Selection of penalty;

Each Imprisonment Selection

1. Concurrent treatment (Defendant Kim Il-young)

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. Suspension of execution (Defendant Kim Man, Man○);

Article 62(1) of the Criminal Act

1. Probation (Defendant Gangnamed ○○);

Article 62-2 of the Criminal Act

1. Social service order (Defendant Kim Man, Man Man, Man Man);

Article 62-2 of the Criminal Act

Reasons for sentencing

When comprehensively considering that Defendant 0, 00 and B/L were the health team, the number of damages, the frequency of crimes, the method of taking part in the crime, the degree of participation, the criminal records of the crime, and whether the damage was recovered as to Defendant 1, 200 and B/L, the sentence of punishment is not to be imposed even if the Defendants were to deposit a part of the amount of damage.

In the case of Defendant Kim Madle and Kang ○○, the amount of damage is relatively less and the degree of damage appears to be against this law. Defendant Kang ○ has a large amount of criminal power, but there are no same criminal power, and the execution of punishment is suspended.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act were taken into account and the recommended punishment according to the sentencing guidelines.

The scope is from six months to one year and six months of imprisonment.

Judges Lee Sung-hwan