2016 Highest 1247 A. Fraudulent aid

(b) False entry, such as public electronic records;

(c) Events such as false statements and electromagnetic records; and

(d) Violation of the Electronic Financial Transactions Act;

1. (a) . (b) . Da. Ma-○ (78 - 1) , free of office

Seoul residential Dobong-gu

Reference domicile Gwangju Northern-gu

2. A. B. D. L. ○○ (80 - 1), and non-permanent,

Residential Dong-gu Incheon Dong-dong

Reference domicile Incheon Southern-gu

3. (a) . (b) . (c) . this ○○ (58 - 1) , the vicarious driving

Residential Tong-gu in Suwon-si

Seoul Northern District in the original domicile

4. A. B. D. Da. Kim ○ (79 - 1), and non-permanent office

Seoul Gwangjin-gu

Seoul High Court Decision 201

5. (b) B. D. Kim Il-young (70 - 2) and in non-service

Residential Hanam-si Horsero

5 5 5 14

6. A. (b) . D. Red ○ (83 - 2) , free of duty

A person of war from South-gu, Incheon Metropolitan City;

Dayang-nam District in original domicile

7. (b) . (c) Kim Man (75 - 1) and a proxy driver;

Residential Nam-gu, Incheon

Reference domicile Manam-si

8. B. B. H. H.O. (52 - 1) and the chief of Healian office of Healian

Housing Dongjak-gu Seoul Metropolitan Government Bokiro

[Reference domicile]

Song Jin (Court of Second Instance) Mail (Court of Second Instance), Mail (Court of Second Instance)

Kim Young-kon Law Firm (Defendant Jeong-kak, Counsel for the defendant-appellant)

Attorney Lee Dong-young (Defendant ○○, Kim○, Kim ○, Kim Il-young, and Ma○○’s national line)

Attorney Shin Sung-ho (Defendant Lee Sung-ho)

Law Firm Emba (Defendant Hong○○) Attorney Yang Ho-hee in charge

June 1, 2016

Defendant 1, Defendant 1, Defendant 1, Defendant 1, Defendant 1, Defendant 2, Defendant 3, Defendant 1, Defendant 1, Defendant 2, and Defendant 3, Defendant 2, and Defendant 3, and Defendant

○ ○, Blue ○, Red○, and Hub○○○, each one year of imprisonment, and Defendant Kim Madon’s fine of KRW 5,00,00, and KRW 000.

Each punishment.

Defendant Kim Man-kil did not pay the above fine; the period calculated by converting the amount of KRW 100,000 into one day;

The above defendant shall be confined in a workhouse.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive against Defendant Do○.

Seized evidence Nos. 6 through 11, and 14 (No. 766 of the Incheon District Prosecutors' Office on March 3, 2016) are Defendant 1-○.

from March 3, 2016, No. 15 to 19 of the seized evidence (No. 766 of the Incheon District Prosecutors' Office) Defendant Kim

Bright, seizure evidence 68 through 73, and 76 through 81 (In Incheon District Prosecutors' Office, March 3, 2016)

No. 766) No. 22 through 67 of the seized evidence from Defendant Red○○ ( Incheon District Prosecutors’ Office, March 3, 2016)

3. A voltage No. 766) shall be forfeited from Defendant Kim Madle

A penalty of KRW 561, 550, and 000 shall be additionally collected from Defendant Jung-○○.

The amount equivalent to the above additional collection charge shall be paid to Defendant Jeong-○, and the above fine shall be imposed on Kim Man-tae.

each order to pay an amount equivalent to the provisional payment.

Criminal facts

Criminal Power

On December 16, 2015, Defendant ○○○ was sentenced to imprisonment with prison labor for the crime of false entry into public electromagnetic records, etc. at Suwon District Court on February 25, 2016, and the judgment was finalized on February 25, 2016.

On April 1, 2016, Defendant Kim ○○ was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on May 24, 2016, and the final judgment became final and conclusive around that time. Defendant ○○ was sentenced to one year of imprisonment with prison labor at the Ulsan District Court on June 15, 201, and was released on February 29, 2012 and the period of parole was expired on June 21, 2012.

Criminal facts

On August 2014, Defendant 1, 2014, ○○○○○, Lee○○, Kim○○, and Hong○○○, and around September 2015, 2015, registered the nominal name as a director by recruiting those who leased the name of Defendant Kim Man, and around February 2, 2016, Defendant 1: (a) opened several accounts in the name of the said corporation, and opened several private accounts in the name of the said corporation to sell the passbook, cash card, authorized certificate, and OTP (one-time password) related to the said account to make profits.

According to this public offering, Defendant 10 established an account after receiving necessary documents from the name holder, establishing an account, and managing all the affairs of selling the means of access, such as cash cards, to a person whose name is not known, Defendant 2: (a) recruited the name holder; (b) received documents necessary for the establishment of the corporation; (c) Defendant Red ○○○, and Kim Mad Co., Ltd. sent documents necessary for the establishment of the corporation to the certified judicial scrivener’s office; and (d) transferred documents necessary for the establishment of the corporation; and (b) Defendant Hong ○, and Mad Co., Ltd., Defendant 2 shared the role of registering the authorized certificate and managing the said account when the account is opened; and (c) Defendant 100 shared

1. Any false entry, false entry, public use, electromagnetic records, etc. of the Defendants;

According to the above public offering, the Defendants: (a) around August 1, 2014, at the Suwon District Court, which was 75 in Ansan-si, Suwon-si, Seoul-si, was recruited by the Defendants by the above method, “The Defendants did not intend to actually establish and operate this company; (b) did not intend to actually pay the capital to hold the corporation; and (c) did not actually establish an office; (d) however, after the registration of incorporation of a corporation, the Defendants intended to actually pay the capital to the public officials in charge of registration, such as the establishment of the corporation, by setting up a false application for registration as if they actually paid the capital and actually established the office, and applied for the registration of the corporation, etc. to the public officials in charge of registration.

The Defendants conspired as above with public officials to record false facts in the same electronic records as the original notarial deed; from 10 to 200, 154 "B" as shown in [Attachment 2] 1 to 18, 201; from 200, 1 to 200, 2000 No. 150 to 200, 200, 1 to 30,000, 200, 1 to 25, as stated in [Attachment 1] 1 to 4; and from 1 to 23, 1 to 4,000, 1 to 5, 200, 1 to 200, 1 to 4,000, 1 to 5,000, 1 to 2,000, 1 to 5,000, 1 to 5,000, 1 to 106.

2. Violation of the Electronic Financial Transactions Act by Defendant Jeong-○, ○○, ○○, ○○, Kim○, Red○, and Kim Il-young

No person shall transfer a means of access used in electronic financial transactions.

On August 6, 2014, according to the above public offering, the Defendants: (a) on August 6, 2014, at the former branch of the National Bank, the Seoul Dongdaemun-gu Seoul Metropolitan Government 50, a national of ○○○, a corporation incorporated under paragraph 1, opened a criminal account; (b) made a passbook, cash card, password, and an official certification form, which are the means of access connected to the said account; and (c) transferred it to a person whose name is unknown.

The Defendants conspired to assign the means of access necessary for electronic financial transactions as above, and Defendants 1, 00, 1, 021 accounts from around 201 to January 25, 2016, and Defendant 2, as indicated in attached Table 1, 021; from around 200 to June 23, 2015, Defendant 27 accounts, 1 through 545 listed in attached Table 1 to 2, 201, 200, 200 to 30,000,000 from around 70 to September 25, 2015; Defendant 2,000 to 30,000,000 from around 20 to 20,000 to 20,000 from around 25, 200 to 20,000 to 31,000,000 to 4,00.

The Defendants conspired to transfer the means of access necessary for electronic financial transactions as above.

3. Fraudulent aid by Defendant 1-○, ○○, ○○, ○○, Kim○, and red ○○

A person whose name is unknown at around November 6, 2014, by posting a telephone and allowing the victim Ha○○○ to obtain a loan, so it is necessary to take expenses to improve the credit rating of the loan, and he/she received KRW 1,200,000 from the victim’s bank account in the name of C○, Inc., and the Defendants assisted the fraud of a person whose name is unknown by transferring the passbook, cash card, and password of the bank account in the name of C○, a corporation, as described in paragraphs 1 and 2, to a person whose name is unknown.

Summary of Evidence

1. Each prosecutor's interrogation protocol against the Defendants

1. Copy of each corporate register;

1. Each protocol of seizure and the list of seizure;

1. Each internal investigation report (at least 57 pages, 353 pages, 818 pages, 886 pages, 931 pages, 935 pages), and each investigation report (at least 57 pages, 35 pages, 935 pages);

Records 1491 , 2597 , 2642 , 2657 , 2694 , 2951 , 2980 , 3879 , 402 ,

4049 pages, 4311 pages, 4682 pages, 4722 pages, 4872 pages, 4886 pages)

1. Table of reorganization of each old-age corporation (a list of 354 pages, 819 pages, 1013 pages, 1492 pages, 2982 pages);

1. Inquiries into the frequency of registration of duplicate executives (investigative records 887 pages) and the details of transactions by each corporation (investigative records);

1080 pages) Liquidation data by account as an old-age corporation (at least 1312 pages of investigation records)

1. Data replies to each financial institution;

1. Previous records: Each criminal record, each disposition and previous records, each report on the results of confirmation, each judgment and each individual;

The status of reduction / Expropriation

Application of Statutes

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

Defendant Jeong-○, ○○, ○○, ○○, ○○, ○○○, and Red○: Articles 228(1), 30 (a), and 229 of the Criminal Act; Articles 228(1), 228(1), and 30 (the fact that the exercise of the corporate register falsely entered, choice of imprisonment) of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Articles 347(1), 32(1), and 30 (the choice of imprisonment, etc.) of the Criminal Act; Articles 347(1), 32(1), and 30 (the selection of imprisonment, etc.) of the Criminal Act

Defendant Kim Il-chul: Articles 228(1), 30(2) of the Criminal Act; Articles 229, 228(1), and 30(2) of the Criminal Act; Articles 229, 228(1), and 30(2) of the same Act; Articles 49(4)1, and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act (transfer of the media in contact; choice of imprisonment)

Defendant Dob○○○: Articles 228(1), 30 (A point of false entry in corporate register, choice of imprisonment), 229, 228(1), and 30 of each Criminal Act (a point of exercising corporate register falsely entered, choice of imprisonment, etc.)

Defendant Kim Mail: Articles 228(1), 30 ( point of false entry in corporate register, selection of fines) of the Criminal Act, Articles 229, 228(1), and 30 (the exercise of corporate register falsely entered, the choice of fines) of the Criminal Act

1. Aggravation for repeated crimes;

Defendant ○○: (In the event of criminal records of fraud, etc. in the judgment of the court, up to 105 times the list of crimes (1) No. 105; (2) each public electronic records, etc., up to 537 No. 537 of the list of crimes; (3) the crime of using false records, etc.; (4) the crime of violating the Electronic Financial Transactions Act and aiding and abetting fraud

1. Mitigation and mitigation;

Defendant Jeong-○, ○○, ○○, ○○, ○○, ○○○, and Red○○: Articles 32(2) and 55(1)3 of the Criminal Act (with respect to the crime of aiding and abetting fraud)

1. Handling concurrent crimes;

Defendant ○○○, Kim○-○: the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

Defendant Kim Wil: Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Hu○○: Article 62(1) of the Criminal Act (Considering the reasons indicated in the following sentencing)

1. Confiscation;

Defendant Jeong-○, Kim Young-young, Hong-○, Kim Madle: Article 48(1)1 of the Criminal Act

1. Collection;

Defendant Jeong-○: Article 48(2) and (1)2 of the Criminal Act

(Amount equivalent to the aggregate sale of means of access sold by Defendant Jeong-○: 1,021 x 550,000 won) - 561, 550, 000 won) 1. Order of provisional payment

Defendant Jeong-○, Kim Jong-han: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

○ Defendant Ma-○

The Defendant, along with ○○○○, established a so-called so-called "age-based corporate register" in which he was arrested and detained, and was led to each of the instant crimes by using the circumstances that led to Park○○’s customers, who had been excluded from the subject of investigation. Considering the considerable number of the means of access of the elderly corporations established and transferred by the Defendant as a result of the instant crime, most of the means of access are likely to be used for the crime, and some of the means of access were used for the crime. Considering the circumstances that the Defendant would have been able to obtain considerable profits from each of the instant crimes, the Defendant opened a 10 to 15 accounts in consideration of the circumstances that the Defendant would have been subject to suspended execution, and the Defendant would have been subject to punishment of KRW 500,000,000,000,000,000,000,000,000 won and KRW 585,00,000,000.

○ Defendant ○○○, Lee ○, Kim ○, Kim ○, Kim Il-young, Kim Ba

The Defendants took part in the crime of this case and committed each of the crimes of this case by taking account of the circumstances in which the degree of the Defendants’ taking part in the crime of this case cannot be deemed to be somewhat weak, and the circumstances in which the Defendants also seem to have taken part in the crime of this case during the repeated crime period, and in particular, in the case of Defendant ○○, the nature and circumstances of the Defendants’ crime cannot be deemed to be less weak: Provided, That in the case of the crimes of this case where the Defendants recognized all of the crimes; Defendant ○○○, and Kim○, there is a need to consider equity in the case of the judgment of this case at the same time in relation to each of the crimes of this case and the latter concurrent crimes of Article 37 of the Criminal Act with each of which the judgment became final and conclusive; the specific degree of the Defendants’ taking part; the age and character of the Defendants, character and conduct, environment, motive and circumstances after the crime; and all of the sentencing conditions as set forth in the Disposition.

○ Defendant Doz.

Although it cannot be deemed that the degree of participation in that the Defendant assists other Defendants and facilitate the incorporation of a floating corporation, it cannot be deemed that the Defendant was somewhat weak in that it did not explicitly conspired with other Defendants. However, the circumstances in which the Defendant appears to have been aware of and against the Defendant’s own criminal act, and the circumstances of sentencing, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined by taking into account the following factors:

○ Defendant Kim Mack

The punishment shall be determined as ordered in consideration of the degree of participation of defendants, criminal records, etc.

Judges Kim Jong-soo

1) Statement on the investigation record 5016 pages of the prosecution's interrogation protocol against the defendant