2019 Highest 1079, 1412 (Joint), 1795 (Joint), 2056 (Joint) and 2583 (Joint) fraud

2019 early 286, 325, 365, 392, 585, and 638 compensation applications

A South 95. Symar

Freeboard-gu, Modden, Public Relations, Kim Young-young (Public Prosecution), and Gangwon-do (Public Trial)

Attorney* (Korean National Assembly)

1. B

2

3

4

5

6. G;

August 30, 2019

A defendant shall be punished by imprisonment for three years.

Defendant: 320,00 won by fraud to B who is an applicant for compensation; 120,00 won by fraud to C who is an applicant for compensation;

308,000 won by fraud to D who is an applicant for compensation, 340,00 won by fraud to E who is an applicant for compensation, and application for compensation

F shall pay 510,00 won to F, and 640,000 won to G, an applicant for compensation, respectively.

All applications for compensation filed by B and C are dismissed.

Each compensation order above may be provisionally executed.

Criminal facts

On June 8, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Ulsan District Court for one year and six months, and on September 4, 2018, the Defendant completed the execution of the sentence in the three prisons for the North Korean defectors.

“ 2019 Highest 1079,”

On November 17, 2018, the Defendant posted a letter stating that he/she will access the Internet Nurier’s “○○” website by using a mobile phone at a place where his/her address is unknown, and then sell a contact book to the victim H who reported and contacted it. The Defendant made a false statement to send a contact book to the victim H who sent the price.

However, as the defendant does not actually possess the above contact pockets, the defendant did not have the intention or ability to deliver the proceeds even if he received the proceeds from the victim.

As above, the Defendant, by deceiving the victim, received 210,00 won in total from the victims up to 38 times until January 9, 2019, from the victims, from the Nonghyup Bank account (35******) in the name of Defendant on the same day, and received 210,000 won in total from the victims.

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

" 2019 Highest 1412"

On November 11, 2018, the Defendant posted a letter to the victim I who had contacted him/her by accessing the Internet Nurier’s “○○○” website by using a mobile phone at a place in which his/her address was unknown and sold the two books to the Internet Nurier’s 6th electric streetet. The Defendant sent a false letter to the victim I who reported and contacted him/her, “on the face of remittance of the price.”

However, in fact, the defendant did not possess the above diskettes, so even if he received the money, he did not have the intention or ability to issue the ticket.

As above, the Defendant, by deceiving the victim as above, received KRW 130,00,00 from the victim for the same day in the name of the victim to the bank account under the name of the Defendant (10******) and received KRW 15,407,00 in total from the victims over 52 occasions until March 17, 2019.

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

[2019 Highest 1795]

On December 31, 2018, the Defendant posted a letter to the Internet NAV Ber’s “○○” website by using a mobile phone at a place in which his/her address is unknown and sent a false book to the victim J. who had contacted and contacted the book to “on the face of remittance of the price.”

However, in fact, the defendant did not possess the above diskettes, so even if he received the money, he did not have the intention or ability to issue the ticket.

As above, the Defendant, by deceiving the victim as above, received KRW 440,00 in total from the victims six times from the victims, from the Defendant, the sum of KRW 2,190,00 in total from the victims until February 10, 2019, including the transfer of KRW 45******) in the name of K bank account used by the Defendant from the victim for the same day.

[2019 Highest 2056]

1. The defendant's sole crime;

On February 10, 2019, the Defendant issued an advertisement to the Daejeon-dong-gu* 000 - 00 - 0, ○○○○○ ○○○○, by accessing the Internet to the private building on February 10, 2019, and made a false statement that the Defendant would send a Twit book to the victim who reported the advertisement and sent money to the victim.

However, in fact, the defendant did not possess the above diskettes, so even if he received the price, he did not have the intention or ability to sell the ticket.

Nevertheless, the Defendant, as seen above, received 5,374,00 won in total from victims up to 16 times from March 14, 2019, in total, from the victims, from the victims to the corporate bank account (16*****) in M to the bank account in the name of M (16**).

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

2. Joint crimes committed with the defendant and N;

The Defendant and N, on February 18, 2019, stated that he/she would send a ticket if he/she had access to the Internet website from Daejeon Daejeon-gu* 000 - 00, Mabbbb B, and ○○ O’s website, and then would send a ticket to the victim who reported and contacted.

However, as the defendant and N did not possess the above tweet, there was no intention or ability to sell the tweet even after receiving the price.

Nevertheless, the Defendant and N received 4,588,000 won in total up to 10 times from February 26, 2019, from around 2019, through the Nonghyup Bank account in P on the same day as the victim, (30******) the transfer of 180,000 won under the name of the victim.

Accordingly, the defendant conspireds with N and received property by deceiving victims.

" 2019 Highest 2583"

On February 27, 2019, the Defendant posted a false statement to the effect that “On March 2, 2019, the Defendant would pay back the money to the victim Q Q who visited the Defendant who sent a false statement to “on deposit of money.”

However, in fact, the defendant did not have the above diskettes, so even if he received the price, he did not have the intention or ability to transfer the ticket.

As above, the Defendant, by deceiving the victim, received KRW 340,00 from the victim to the Agricultural Cooperative account in the R’s name on the same day, and obtained 340,000,000 from R to the Internet PC game “Mool” on the same day, and obtained pecuniary benefits equivalent to the same amount by delivering the game items in the amount of KRW 00,00.

Summary of Evidence

Omission

Application of Statutes

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

Articles 347(1)(the sole fraud), 347(1), and 30(N in collusion with N) of each Criminal Code

100,000

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. Declaration of compensation order and provisional execution;

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

1. Partial rejection of an application for compensation;

Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Applicant B and C)

Each damage which is recognized as a criminal fact of "2019 order1412" in the judgment as to each application for compensation.

portion in excess shall be directly damaged by the Defendant’s principal offence.

The scope of liability is not clear or is not acceptable.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Type] Fraudulent Crime 01. General Fraud / [Type 1] below 100 million won

[Special Aggravations] Aggravations: for unspecified or large number of victims, or

When committing a crime repeatedly over a period, the same repeated offense

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

3. Determination of sentence:

In the criminal act of this case, the criminal act of this case was committed by the defendant using the Internet trading site for a considerable amount of time against many unspecified victims who intend to purchase public performance diskettes or admission tickets such as containers or music, etc. The criminal act of this case was committed by the defendant, and the criminal act of this case was committed in secret, planned, and is very poor in terms of the nature and circumstances at the time of the criminal act. The victim of this case is more than 120, more than 120, more than 43,000, more than the total amount of damage. The total damage amount caused by this case exceeds 43,00,000, more serious liability for the crime was committed by using both food, lodging expenses, etc., and it was inevitable to agree with the victims or to recover damage from the same crime for a long time, and the defendant was punished for a repeated crime of this case without being punished for the same kind of crime of this case.

In the case, the sentence shall be determined as ordered by taking into account all the circumstances, including the defendant's age, character and conduct, family relation, family relation, motive and consequence of the crime, circumstances after the crime, etc., and all the circumstances, which form the conditions for sentencing as shown in the records and arguments, such as the following: (a) the defendant's individual damage amount of each crime is not significant; (b) the defendant, in collusion with N, acquired the proceeds of the transactions of used goods through the Internet under several methods such as the crime in collusion with N; (c) three separate cases are prosecuted and tried; (d) the mother and the branch of the defendant want to be placed in the preference against the defendant; and (e) the defendant's age, character and conduct, family relation, family relation, family relation, circumstances after the crime, etc., and (e) the sentence shall be imposed as ordered.

Judges Park Sung-ho