2017 Height864, 1159 (Joints)

Fraud, Bribery, Attempted Fraud, Violation of the Electronic Financial Transactions Act

○○ Kim (921107 - 1), and non-permanent

Gangnam-gu Seoul residential

District Court Decision 201

Kim Jong-hoon (Court of Justice) (Court of Justice) (Court of First Instance) and Court of Second Instance (Court of Justice)

Attorney Kim Young-young (Korean National Assembly Line)

July 14, 2017

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

Criminal facts

/30 /30 /30 /30 /30 /30 /4

On December 2, 2015, the Defendant conspiredd with the Defendant to take money and goods by deceiving the Defendant into anonymously joining such places as “Stockholm,” “Seoul Stockholm,” “franchising,” “Nefacocer,” “Nefacocer,” “pine,” and “pactoxoxe,” and leading the Defendant to spread them after receiving obscene pictures of the said male, by inducing the Defendant to spread them by deceiving the said female, and inducing them to have access to an unspecified female and to show a specific part of his body by accessing him.

1. Fraud;

On February 11, 2016, the Defendant misrepresented her mother women through the aforementioned "Plast Stockholm" to show his/her photograph, such as his/her chest and gender, on the face of the State in the right of cultural products by misrepresenting her mother women to the victim ○○○. However, the Defendant was not a woman, and the Defendant was thought to not send a photograph or send another person’s photograph even if he/she was given a cultural right by the victim.

The Defendant, as such, by deceiving the victim, received 10,00-fin numbers of cultural products from the victim on the same day, from December 8, 2015 to March 9, 2017, received gift vouchers or money equivalent to KRW 6,182,80 in total over 362 times, as shown in attached Table 1, from around December 8, 2015 to March 9, 2017.

2. Suppression;

The Defendant, at the same time and place as mentioned in the above paragraph (1), by deceiving the victim's hand ○○, received a fin number for cultural products by deceiving the victim's hand ○○, and then, did not grant cultural products rights, the Defendant said that fin number would spread obscene collection content with the victim to the victim's hand.

As such, the Defendant received KRW 16,835,00 in total from January 11, 2016 to March 5, 2017, a gift certificate or money equivalent to KRW 157 times, as indicated in the [Attachment Table 21] from around January 11, 2016 to around March 5, 2017, from the victim fin numbers of KRW 30,000 on the same day from the victim fincing the victim.

3. Attempted crimes; and

On January 19, 2017, the Defendant: (a) misrepresented the mother’s mother’s child through the “Ohym Stockholm” and “NAVER” at a place where he was not located; (b) falsely displayed the victim’s photograph, such as 30,000 won, on the face of her chest and gender, etc.; (c) received KRW 30,000 on the family account of Hanland used by the Defendant; and (d) again, (e) did not deposit KRW 200,000 upon the victim’s request for transmission of the victim’s sexual photo, and (e) did not deposit KRW 20,000,000 on the deposit of the victim’s sexual photo.

The Defendant, as such, attempted to have 200,000 won from the frighten victim who frightened the victim, but the victim reported to the police and attempted to do so.

2017 Highest 1159 [Violation of the Electronic Financial Transactions Act]

No one shall, in making a transaction request in electronic financial transactions or using and managing a means of access used to secure the authenticity and accuracy of the users and the details of such transaction, lend any means of access while requiring or promising to receive any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 2015, the Defendant: (a) borrowed an account from a person with no name, for a second month; and (b) paid the fee of KRW 300,000 per month from a person with no name; and (c) (d) after receiving the proposal, the Defendant sent a physical card connected to the bank account of the Industrial Bank of Korea in the name of the Defendant in the vicinity of the Gasan-ro 29-ro 59, Gwangjin-gu, Seoul Special Metropolitan City on November 6, 2015.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

2017 Highest 864 [Crime of Fraud, Bribery, and Misappropriation]

1. Defendant's legal statement;

1. Each police statement on ○○○, ○○, and ○○○;

1. Records of seizure and the list of seizure;

1. The investigation report (Evidence No. 7, 20, 32 No. 7, 20, 32) and accompanying documents;

1. Each reply material;

/ [Violation of the Electronic Financial Transactions Act / [Violation of the Electronic Financial Transactions Act]

1. Defendant's legal statement;

1. Statement to ○○○ by the police;

1. Application of the new Acts and subordinate statutes on financial transaction information;

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

Article 347(1) of each Criminal Code (the point of fraud), Article 350(1) of each Criminal Code (the point of extortion), Articles 352 and 350(1) of the Criminal Code (the point of attempted extortion), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of lending means of access) of the Electronic Financial Transactions Act, and each choice of imprisonment.

1. Aggravation for concurrent crimes;

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

1. Confiscation;

On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment shall be determined in consideration of the circumstances and the age, character and conduct, environment, circumstances after the crime, etc. of the defendant.

- - having a record of being sentenced to four times a fine for the same offence, or one suspended sentence;

-as a criminal committed during the period of stay;

- The injury has not been recovered.

- The victims are also responsible for the occurrence of crimes or the expansion of damage.

Judges Shin Young-hee -

1) Inasmuch as a clerical error is a clerical error, the victim 76 No. 76 per annum of the facts charged is named in name, ○○, 78 victims of this case, ○○, and 125 victims of this case.

A person shall be recognized to be ○○.