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(영문) 인천지방법원 2019.6.13.선고 2018고단7114 판결
사기,각배상명령신청
Cases

2018 Highest 7114, 7859 (Joint), 7948 (Joint), 8682 (Joint), 8956 (Joint),

899(Joint), 9100(Joint), 2019's 197(Joint), 1066(Joint), 1115

(Consolidation), 1265 (Merger), 2162 (Merger), 2689 (Merger), fraud

2018 early 2733, 2900, 2915, 2951, 2952, 2994, 3080, 3217, 3225;

3237, 2019 early 12, 59, 513, 529, 531, 532, 565, 576, and 630

Application for remedy order

Defendant

A

Prosecutor

Freeboard, white, Madern, Madern, Madern, Madern, Madern, Kim Jong-Gyeong (each indictment);

Completion (prosecution, public trial)

Defense Counsel

Attorney Park Young-young (Korean National Assembly)

Applicant for Compensation

1. B

2. C

3. D;

4. E.

5. F;

6. G.

7. H;

8. I

9. J.

10. K;

11, L

12. M;

13.N

14.O;

15. P;

16. Q.

17.R

18. S;

19. Telecommunication

Imposition of Judgment

June 13, 2019

Text

A defendant shall be punished by imprisonment for two years.

The Defendant: (a) the Defendant: (b) the Defendant: (c) the applicant for compensation KRW 650,00; (b) the fraudulent damage amount of KRW 454,00; (c) the damage amount of KRW 1,354,00 to the applicant for compensation; (d) the fraudulent damage amount of KRW 300,000 to the applicant for compensation; (c) the amount of KRW 834,000 to the applicant for compensation; (d) the amount of fraud damage amount of KRW 320,00 to the applicant for compensation; (e) the amount of KRW 380,000 to the applicant for compensation; (e) the amount of KRW 65,00 to the applicant for compensation; (e) the amount of KRW 235,00 to the applicant for compensation; (e) the fraudulent damage amount of KRW 300 to the applicant for compensation; (e) the fraudulent damage amount of KRW 300 to the applicant for compensation; (e) the fraudulent damage amount of KRW 00 to the applicant for compensation;

Each compensation order above may be provisionally executed.

Reasons

Criminal facts

【Criminal Power】

On February 8, 2018, the Defendant was released on August 14, 2018, and the remaining term of imprisonment was expired on October 22, 2018 while he was sentenced to imprisonment for fraud at the Incheon District Court for one year and two months.

【Criminal Facts】

“2018 Highest 7114

On August 28, 2018, the Defendant entered UV car page at an insular location, and made a false statement to the effect that the Defendant would send sirens to the Defendant, “I will send money to the Defendant by reporting the Victim B’s purchase letters to the victim and contact the victim with the Defendant for the purchase price of sirens.”

However, even if the defendant receives money as the purchase price for sirens, he did not have any intention or ability to send the above DNA lenses to the victim.

As above, the Defendant, by deceiving the victim, received KRW 650,00 from the W bank account (Account Number: X) in the name of the Defendant on the same day, from around September 4, 2018, and received KRW 3,542,500 in total from the victims over 10 times, as shown in [Attachment 2018Da7114] from around September 4, 2018.

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

2018 Highest 7859

On September 16, 2018, the Defendant posted a false statement to the effect that “I would sell SV carpets after having access to UV carpets,” and that “I would send SV sets to the victim who contacted with the Defendant.”

However, the fact did not have a string location, and even if the money was transferred, there was no intention or ability to send the string location.

As above, the Defendant, by deceiving the victim as above, received 30,000 won from the victim to the W bank account under the name of the Defendant for the sale proceeds of sets in the location of the same day, etc. from around that time to October 4, 2018, and acquired the money by transfer from 12 victims over a total of 12 times, such as the statement in the crime list.

2018 Highest 7948

On September 16, 2018, the Defendant posted a notice on September 16, 2018 to the effect that he would sell the Amateur, and made a false statement as if he would deposit money to the victim Z that reported and contacted. However, since the Defendant did not have the Amateur, the Defendant did not have any intent or ability to send the said Amateur even if he received money from the victim.

In such a way, the Defendant, by deceiving the victim, received 354,000 won from the W bank account (Account Number X) in the name of the Defendant on the same day, and acquired it by fraud, as well as by deceiving it from around that time to October 7, 2018, the Defendant acquired the total amount of KRW 1,744,00 on four occasions, such as the statement in the crime list.

2018 Highest 8682

On August 29, 2018, the Defendant stated that “I will sell a string string string string strings” in UV carbook, and that “I will sell a string string string string strings on deposit with money” was false to the victim A who reported and contacted.

However, the defendant did not have the intention or ability to sell gap PC.

At around 23:22 on the same day, the Defendant acquired property profits by receiving KRW 570,00 from a W bank account (X) under the Defendant’s name.

“2018 Highest 8956

On October 12, 2018, the Defendant posted a false statement to the effect that “ He access to UABC at an influent place,” “ He sells put and put to put to place put, put, or sell put, put, put, or put to put in place,” and that the Defendant would send the content to the victim AC who reported and contacted the above writing.

However, even if the defendant receives the payment from the victim, he did not have any intention or ability to send the above content to the victim.

The defendant received 604,00 won from the victim through the AE Bank Account (Account Number: AF) in the name of AD on the same day.

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

2018 Highest 8959

Around November 9, 2018, the Defendant posted a false notice stating that he/she connects U carpet V to U carpets and sells 350 (News), and that he/she will sell a new letter if he/she transfers money to AG by reporting the above notice.

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

As above, the Defendant, by deceiving the victim as above, received 284,000 won from the victim as the price for the goods on the same day from the victim, from the victim to the W bank account (Account Number: X) in the name of the Defendant, and acquired 2,985,00 won in total from the victims over 10 times in total, such as the list of crimes in [Attachment 2018 Godan8959] from November 23, 2018.

“2018 Highest 9100

On October 11, 2018, the Defendant posted a false statement to the effect that “The Defendant will sell AH protocol” after accessing the InternetV car page at the Defendant’s house located in the AI of the Jung-gu Incheon Jung-gu AH building, Incheon, and then reported it to the effect that “The Defendant will send the AH protocol to the victim AJ who contacted the Defendant.”

However, the fact is that there was no intention or ability to send an Ameral professional even if he/she receives the money as above, even though he/she did not have an Ameral professional at that time.

As above, the Defendant, by deceiving the victim, received KRW 750,00 from the victim to the AE bank account in the name of AD for the same day from the victim, and received KRW 750,00 from the time of such deception to October 21, 2018, and acquired KRW 5,176,00 in total from the victim nine times through nine times, such as the list of crimes.

2019 Highest 197

On December 1, 2018, the Defendant posted a letter that “to purchase a fishing age by accessing Uk V at a place where it is not known to the Defendant,” thereby making a false statement that the Defendant would sell the fishing age if he deposits money to the Defendant by contact with the Victim AK.

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

As such, the Defendant, by deceiving the victim, acquired KRW 155,00 from the victim to the W bank account (Account Number: X) in the name of the goods price on the same day.

2019 Highest 1066

On November 14, 2018, the Defendant posted a false statement to the effect that “I will sell Adidices to Internet UV carbook” and that I will deposit KRW 294,000 to the victim AL who reported and contacted with it, the Defendant made a false statement to the effect that I will send Adidices.”

However, since the defendant did not have the above new attack, even if he received the above money from the victim, he did not have the intention or ability to sell the new attack to the victim.

In such a manner, the Defendant, by deceiving the victim, received KRW 294,00 from the victim a W bank account (Account Number X) in the name of the Defendant on the same day, and acquired it by fraud, as well as from around that time to January 28, 2019 [Attachment 2019 group 106] from around 18,285,00 won, such as the statement in the crime list, was obtained by deceiving the victim from 30 persons.

“2019 Highest 1115,”

On October 22, 2018, the Defendant made a false statement that “The Defendant would sell beer North Korea upon deposit of money to the victim and sell beer North Korea upon deposit of money” through UAM car page in the Defendant’s residence located in Jung-gu Incheon, Jung-gu, Incheon. However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to sell beer North Korea.”

As such, the Defendant, by deceiving the victim, received KRW 1.1 million from the victim to the AO bank account in the name of AD designated by the Defendant on the same day. From around that time to October 24, 2018, the Defendant acquired the victim by deceptioning KRW 3.350,000 from four victims, such as the list of crimes.

2019 Highest 1265

On January 1, 2019, the Defendant sent a false statement to the effect that “after accessing UV car page at an insular place, the Defendant sold 11 to 256 accelerators for three household members,” and that “on deposit of money to the victim AP who contacted with the Defendant, the Defendant would send an AV car.”

However, the defendant did not have any intention or ability to send the above plaque to the victim even if he receives money as the purchase price.

On January 1, 2019, at around 19:18, the Defendant received KRW 1 million from the victim through the W bank account (Account Number: Q) in the name of the Defendant.

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

2019 Highest 2162

On October 21, 2018, the Defendant posted a false statement to the effect that “AH building AI of Jung-gu Incheon Metropolitan City and 500,000 won was transferred to the AE bank account in the name of AD and around October 22, 2018, to the same account in total two times in total, on the Internet U. KaR bulletin board” to the victim AS who reported and contacted the fact that “I would deposit money.” The Defendant received KRW 500,000 won from the victim’s AE bank account in the name of AD and KRW 500,000 won from the same account on October 22, 2018.

“2019 Highest 2689

On January 2, 2019, the Defendant posted a letter on the Internet UV’s website bulletin board, stating that “The sale of Maloproproprop North Korea is not an intention or ability to sell Maloprop North Korea.” On the ground that, on January 2, 2019, the Defendant received KRW 1,100,000 from the victim to the W bank account in the name of the Defendant on January 4, 2019, and acquired money from the victim.

Summary of Evidence

1. Records of previous judgments: Criminal history records and other criminal records, each investigation report (A), each criminal investigation report (Attachment to attached judgments related to the same kind of suspect's power, attachment of judgments related to the same kind of suspect's records, etc., attachment of judgments related to the same kind of suspect's records, confirmation of the criminal records and the last day of the term of punishment, confirmation of repeated crimes and continuous trials, confirmation during the period of repeated crimes of

2018 Highest 7114

1. Defendant's legal statement;

1. Each statement in the preparation of B, AU, AV, AW, AX, AY, Z, BA, B, and BC;

1. Materials, etc. on text conversations, each text message, and text message;

1. Each posting, posting, writing, etc.;

1. Submission of the results of transfer, the certificate of transfer, the receipt, the statement of each transaction, the written confirmation on the use of each service, the details of each account transaction, the return on the results of each transfer, and the details of each entry and withdrawal transaction;

2018 Highest 27859

1. Defendant's legal statement;

1. Each statement in the preparation of Y, BD, H, BE, C, E, BF, F, G, D, and BH;

1. Data on bulletin, BI conversation data, each text dialogue data, each text dialogue data, BI dialogue data, V bulletin and text dialogue data, ARcar page bulletin data, and 5 posted text data;

1. A detailed statement and data on the details of remittance;

“2018 Highest 7948

1. Defendant's legal statement;

1. The police statement of M;

1. WJ, Z, and BK's written statements;

1. Data on posted each V, written data on dialogue, written data on deposit, data on dialogue, BI data on dialogue, and data on dialogue;

1. A statement of remittance and details of account transfer;

2018 Highest 8682

1. Defendant's legal statement;

1. AA statements;

1. Publication materials;

1. A remittance statement;

2018 Highest 8956

1. Defendant's legal statement;

1. Each written statement prepared by the AC;

1. Investigation report (suspect of fraud by Account Book AD with the AE bank account);

1. Details, etc. of text messages;

1. Each Internet bulletin, etc.;

1. Account transactions statement, certificate of transfer, and details of transfer;

“2018 Highest 8959

1. Defendant's legal statement;

1. Each statement in the preparation of BL, BM, BN, BO, Q, K, AG, J, and BR;

1. Data on text dialogues, data on dialogues, hostings, and BI dialogues;

1. Detailed statements of remittance, the ledger of receipt, and the details of remittance;

2018 Highest 9100

1. Defendant's legal statement;

1. WS, BT, L, I, BU, BV, B, AJ, and BX Preparations;

1. Calling to an account book;

1. Details of each dialogue, such as the content of each dialogue;

1. Each posting, posting, writing, etc.;

1. Details of account transfer, details of each transaction, and details of transfer;

“2019 Highest 197

1. Defendant's legal statement;

1. AK's statement of damage;

1. BI dialogue data;

1. Data on the details of remittance;

2019 Highest 1066

1. Defendant's legal statement;

1. Each statement in the preparation of N, BY, P, CA, CB,CC, CD, CE, CF, S, CG, CH, Q I, CJ, CJ, CY, CN, CM, CN, CCP, CP, QY, 0, CL, CTR, CTR, CTR, CTR, CTR, R, R, and CU;

1. Data on text dialogue, data on each dialogue, data on BI dialogue, and data on BI dialogue;

1. V posted materials, sales text materials, and dialogue materials, each posted materials and dialogue materials, posted materials and dialogue materials, each posted materials and evidential materials;

1. Data on each remittance statement, data on the details of remittance, data on the details of remittance, and dialogueed data and the statement of remittance;

2019 Highest 1115

1. Defendant's legal statement;

1. Statement made to AD by the police;

1. A written statement in preparation of CV, T,N, and CW;

1. Details of each conversation;

1. Sales, posting, and writing;

1. Details of each transfer;

1. Personal information on the nominal owner of a AO bank, details of entry and withdrawal transactions, personal information on the nominal owner and details of transactions;

2019 Highest 1265

1. Defendant's legal statement;

1. AP statement;

1. Data on text conversations;

1. V posted materials;

1. Data on the details of remittance;

"2019 Highest 2162

1. Defendant's legal statement;

1. A complaint filed for the preparation of the AS;

1. AD suspect interrogation protocol (including attached materials);

1. A report on investigation (Submission of details of transfer transactions by victims);

2019 Highest 2689

1. Defendant's legal statement;

1. A complaint filed for the preparation of AT;

1. A specification of transactions;

Application of Statutes

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

Article 347(1) of the Criminal Code, each choice of imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Orders for compensation and sentence of provisional execution;

Articles 25(1)1, 31(1), (2), and (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 25(1)1, 31(2), and (3) of the Act on Special Cases Concerning

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

[Special Aggravationd Persons] Aggravationd: A repeated crime of the same kind where a crime was committed for an unspecified or large number of unspecified victims or repeatedly over a considerable period of time;

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment with prison labor for one year to three years

2. Determination of sentence;

Since 2015, the Defendant was punished several times as stated in the record of the crime, which was sentenced to punishment for the crime of fraud in the same number of laws. The Defendant appeared to have committed the crime in criminal investigation agencies and courts. However, since the date of parole, the Defendant continued to engage in various police investigations conducted at least 10 times before and after the date of detention, and continued to use multiple cell phone numbers and accounts in another person’s name for the crime. For a period of not more than six months, 80 victims suffered approximately KRW 45 million, and the amount of damage recovered was less than 1/10 of the amount of damage recovery, so the Defendant’s source of the crime of fraud is unclear, and it is not sufficient to support the Defendant’s re-offending.

However, the circumstances leading to the deviation after leaving the elb of a sports player, the young age, etc., which are likely to improve the edification, shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances shown in the records and arguments of this case.

Judges

Judges Jin-be

Note tin

1) The 340,000 damages listed in Nos. 1 are the clerical errors of 650,000.

2) 12 written indictment appears to be written in writing.

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

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