2018 Highest 3463, 2019 Highest 99 (Joint), 172 (Joint), 389 (Joint), 617 (Concurrent)

ix), 97(Joint), 1243(Consolidated Computer) fraud

A

Han Jink, Lee Jink, Lee Jin-kin (criminal prosecution), and full-time trial (public trial)

Attorney B (Korean National Assembly)

July 24, 2019

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be subject to probation.

Criminal facts

2018 Highest 3463

The Defendant: (a) was an employee at the D store located in Changwon City Co., Ltd.; (b) used the mobile phone of the victims to easily gather a mobile phone from a person who opened a mobile phone to the employee of the mobile phone store; (c) used the mobile phone of the victims to purchase cultural products by paying small amount of money; and (d) used it to make it possible for him/her to use it for his/her personal debt payment, etc.

On September 10, 2018, the Defendant: (a) requested the victim E who opened a mobile phone prior to the opening of the store to visit the store again; (b) received the victim’s mobile phone by changing the cell phone at the store, and then entered the victim’s information using the victim’s mobile phone without authority, and then made a small settlement of KRW 500,000 by entering the victim’s information into the store; and (c) thereafter, he obtained property benefits by paying the small amount of KRW 2,39,100 over seven times until October 18, 2018, as shown in the list of crimes in the attached Table.

2019 Highest94

The defendant was a person who worked at the D store in the window C of Changwon City as an employee, using the cell phone of the guest who visited the store as an employee of the mobile phone store, and was able to easily gather the mobile phone from the customer who visited the store.

On September 11, 2018, the Defendant made a phone call to the victim G at the above store and held a mobile phone termination event for one week, so it is possible to terminate the mobile phone at present at present at present. The Defendant made a false statement that the victim would make it possible for the victim to pay the next day sales proceeds if he/she leaves the cell phone to the victim who was inside the store instead of the mobile phone termination, and received the victim's information from the victim by using the computer in the above store, and then acquired property benefits by entering the victim's information into the "H" site, and inputting the settlement number transmitted by the victim's mobile phone at the above site on September 11, 2018, and by paying the small amount of settlement of KRW 49,950 on October 4, 2018 at KRW 19,80 on December 12, 2018.

“2019 Highest 172

The defendant was a person who worked at the D store in the window C of Changwon City as an employee, using the cell phone of the guest who visited the store as an employee of the mobile phone store, and was able to easily gather the mobile phone from the customer who visited the store.

1. Crimes against victims;

On October 4, 2018, the Defendant: (a) received the victim’s mobile phone from the victim I to terminate the JInternet; and (b) previously, using the victim’s personal information, such as the victim’s resident registration number, etc., stored in the store computer while opening the cell phone at the above store; (c) entered the victim’s information into the store computer and re-enter the victim’s certification number transmitted to the victim’s mobile phone into the store; and (d) obtained the victim’s property benefits by paying small sum of KRW 449,750 by entering the victim’s information into the store computer; and (d) entering the victim’s personal information, such as the victim’s resident registration number, into the store computer.

2. Crimes against the victim N;

On October 2018, the Defendant: (a) received a cell phone from the victim while confirming whether the cell phone works well at the above store; and (b) used that the victim opened the cell phone at the above store and stored personal information such as the victim’s resident registration number in the store computer; (c) obtained the victim’s information by accessing the store’s Internet website by entering the victim’s information into the store’s website and re-entry the victim’s cell phone number into the store’s cell phone; and (d) obtained the victim’s pecuniary profit by settling the small amount of KRW 500,000 by entering the victim’s information into the store’s website and re-entry it into the store’s cell

“2019 Highest 3894

The defendant, using his cell phone that he could easily receive a cell phone from his customer who visited the store as an employee of the cell store, was able to make a settlement of small amount using his cell phone.

On June 2018, the Defendant requested the victim 0 to open a cell phone opening at the D store where the Defendant was working in the window C of Changwon-si, and requested the victim to re-face a cell phone opening in the victim’s name, and to re-face a cell phone opening in the victim’s name, and the change of the rate system can be made within three months after the victim’s change of the rate system.

On September 16, 2018, the defendant made a false statement to the effect that "the defendant will change the mobile phone rate system to a lower rate system" for the victim who re-entered to change the mobile phone rate system at the above D store."

After receiving the cell phone in the name of the victim, the victim's information was entered in the victim's cell phone site and the settlement number transmitted to the victim's cell phone was re-entered into the above site on September 16, 2018, which was 19,800 won around September 16, 201, and 97,900 won around 12:04 on the same day, and acquired property profits equivalent to 297,700 won in total.

"2019 Highest 617

At around 12:00 on September 18, 2018, the Defendant: (a) provided that the Defendant would transfer a mobile phone to the victim P, who opened the mobile phone to a new mobile phone that opened the mobile phone; (b) received the victim’s mobile phone from the victim; (c) purchased the victim’s personal information in the victim’s mobile phone without authority by entering the victim’s personal information into the victim’s mobile phone without authority and paying small amount of money. Accordingly, the Defendant acquired property benefits by allowing the victim to enter the information processing without authority into the information processing device, such as the computer, etc.

2019 Highest97

On October 25, 2018, the Defendant purchased the right of cultural products equivalent to KRW 100,000 by inserting the victim’s personal information without authority after attaching the modified USM on the Defendant’s cell phone at D stores where the Defendant works in the window C of Changwon-si, with the consent of the victim Q, and then paying KRW 1,469,300 in total on 23 occasions from around that time to January 15, 2019.

Accordingly, the defendant acquired property benefits by inputting information without authority into the data processor, such as computer, etc.

“2019 Highest 1243

On July 2018, the Defendant paid KRW 1,49,500, the sum of KRW 500,000, around August 2018, and KRW 500,000, around KRW 499,500, and around September 2018, the Defendant paid KRW 1,49,500 by settling KRW 1,49,00 in total using the same method as the victim’s mobile phone in the attached list of crimes from around 2018 to December 2018, the Defendant provided that he/she would not pay a penalty for termination even to the victim S who has terminated the mobile phone.

Accordingly, the defendant acquired property benefits by inputting information without authority into the data processor, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to T, E, U, V, W, G, T, I,O, X, Y, Z, S, and AA;

Application of Statutes

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

each Criminal Code § 347-2 (to select imprisonment with prison labor, inclusive, for each victim)

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

1. Probation;

Article 62-2 of the Criminal Act

The circumstances favorable to sentencing ○: The defendant recognized all of the crimes of this case and divided, there is no criminal power for the defendant and there is no record of criminal punishment exceeding the fine; the defendant paid the full amount of damage to some victims and agreed with the full amount of the damage; and the damage amount is relatively little even though it is a crime that has not been executed.

○ Unfavorable Circumstances: The fact that an employee working in a cell phone store abused the victims' personal information with the knowledge of the personal information, etc. and obtains profits therefrom by using a cell phone of the victims, and the crime is bad, the occurrence of a large number of victims, and a large portion of the amount of damages has been unrepaid.

○ Other conditions of sentencing, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per Disposition, comprehensively taking into account.

Judge Kim Jong-soo