(영문) 울산지방법원 2020.9.10.선고 2020고단1508 판결

Defendant shall be punished by imprisonment with prison labor of one year and eight months. An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Criminal history "2020 Mano 1508"

1. Crimes against victims C;

On August 29, 2019, the Defendant: (a) contacted the victim C, an elementary school, using the mobile phone, with the victim C; and (b) made a false call with the victim C, who used the mobile phone, to use the 'Pest' Meet; and (c) decided that the agreement would have been lent to the house at the time when the agreement was known; and (d) made a false call.

However, at the time of fact, the Defendant was not involved in a criminal case and was merely willing to use the money received from the victim for online gambling and living expenses. At the time, there was no particular property at the time, and there was no fixed occupation or income, and there was a living for gambling by lending money from many victims in the same way as above. Therefore, there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 63,00 on the same day from the victim to the D bank account (E) in the name of the Defendant, and acquired total of KRW 11,16,000 from the time to October 31, 2019, by remitting total of KRW 42 times, such as the list of crimes (1) as shown in the attached Table of Crimes (E) from the victim.

2. Crimes against the victim B;

On December 2019, the Defendant, while being investigating the victim B by committing a crime of attack against the victim B, was trying to deceiving the victim to the effect that it is necessary to assist the victim in preparing an opportunity to pay 11 million won as agreed money to the victim.

On January 10, 2020, the Defendant made a false statement to the effect that “The Defendant would have borrowed money necessary to open a Handphone, and borrowed money at the time of payment of agreed money,” at the Defendant’s residence located in the Busan High-gu F building G of Busan High-gu.

However, at the time of fact, the Defendant did not purchase the cell phone with the money received from the victim and intended to use it for online gambling and living expenses. At the time, there was no particular property at the time, and there was no fixed occupation or income, and there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 90,000 on the same day from the victim to H account in the name of the Defendant, and acquired total of KRW 6,153,000 from that time to February 22, 2020, as shown in the attached list of crimes (2) from the victim, by remitting total of KRW 19 times, as shown in the attached list of crimes (2).

3. Crimes against the Council of Victims;

On April 3, 2020, the defendant, who was a branch of the victim J, requested the defendant to lend 100,000 won in cash to the defendant, was able to make cash by using the victim's mobile phone and by inducing the victim to do so.

On April 3, 2020, the Defendant called the victim from the French land and became aware of the fact that "K, which is a business operator of the settlement of small amount, can sell goods after paying the small amount of money in the four mobile phones," and that 300,000 won is paid in cash when paying small amount of money.

When the small amount of settlement certification number is transmitted to a mobile phone, it was false to inform Na of the certification number and deliver it to KR and make it commercialized.

However, "K, a small-sum cashing business operator, referred to by the defendant, was not an injured person, but a processed seal created by the defendant, and the defendant was thought to purchase and use the necessary goods from the victim's cell phone as above, and there was no intention or ability to create the amount in cash to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received the certification number of small-amount payment from the victim, and used it, purchased mobile goods and game money equivalent to KRW 300,000 in total, and acquired pecuniary benefits equivalent to the same amount.

4. Crimes against victims L;

At around 19:00 on April 4, 2020, the Defendant called the victim L, who is the mother of the J in Busan, Busan, to "K, who is a small-sum cashing business operator due to the mistake by the J in the process of small-sum settlement, caused damage to the Defendant's residence in Busan, the Busan, the Busan, the U.S., and made a false statement that "The Defendant would compensate for the damages of KRW 300,000 on behalf of J, and thus, the Defendant would request the money."

However, in fact, "K, which is a small-sum cashing business operator, was not a person of existence but a person of processing created by the defendant, and there was no fact that the defendant paid damages to "K on behalf of J.".

Nevertheless, the Defendant, by deceiving the victim as above, received 300,000 won from the victim to the M (N) account in the name of the Defendant.

2020 Highest 2091

1. Suppression;

Around June 5, 2019, the Defendant planned to acquire the victim’s son, who was the victim’s son, to borrow money from the victim’s lost, and to have the victim borrow money from 15:48 to 23:38 of the same day, and contacted the victim, who was the victim’s son, several times from 15:48 to 23:38 of the same day, with telephone and text messages, and is the police officer who is the father of the wall. The bringing about the wall is the crime of embezzlement of stolen property and constitutes imprisonment with prison labor for not more than one year or with prison labor for not more than three million won. The 18 years prior to the occurrence of a fine, stating, “the defect in the agreement to be employed”, and then, the victim threatened the victim, who was frighted, by taking the victim’s account from the victim to H (I).

2. Attempted crimes;

The Defendant, after committing the crime of robbery as referred to in paragraph (1) above, had the Defendant had the intent to keep the victim back, and had the victim contact on June 6, 2019 with his father, who is a police officer, and on June 6, 2019, he had the victim contact with the Defendant by sending the written confirmation of medical examination and treatment to the victim, “if he/she had his/her head at Ampha Hospital, and he/she was no longer than his/her father as his/her father,” and then, the Defendant sent the written confirmation of medical examination and treatment to the victim, “if he/she would not go through a written agreement if he/she would incur more than KRW 300,00,00,00,000.” However, the Defendant failed to comply with it and attempted to do so.

The defendant and the victim P came to know through online PP, 200 highest 2380.

1. Fraud;

On February 25, 2019, at a place where the Defendant’s place is unknown, the Defendant is undergoing an investigation by sexual harassment at the police station as a Kakakao Stockholm message to the victim P at a place where it is difficult to identify. The money needs to be paid by criminal agreement.

A false statement was made that 300,000 won will be repaid if it was lent."

However, in fact, the defendant was not involved in a criminal case and was merely willing to use the money received from the victim for personal purposes, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 300,000 from the victim to the H account (I) in the name of the Defendant, and acquired the total amount of KRW 4,550,000 from the victim to June 9, 2019, as shown in the attached list of crimes (1).

2. Suppression;

On February 2, 2019, the Defendant, while misrepresenting the name Q in a place where it is difficult to know the place of a police officer, used the victim’s misrepresenting Q from the fact that Qinting the victim and Qin-North Korea, called “the boiler stove, stove,” and used the victim’s misrepresentation as “the boiler stove, s to s to s to s to s to s to s to s to s

Around May 30, 2019, the Defendant: (a) provided that the victim would be subject to heavy criminal punishment by using a Facebook message from the victim at a place where the location is unknown; (b) provided that the victim would be subject to heavy criminal punishment if the victim did not reach the agreement, and (c) provided that he/she would agree and withdraw from the judgment; (d) he/she would have reached an agreement. He/she would have a parent number south; (b) interfered with the victim and received KRW 1,550,00 from the R Bank (T) designated by the Defendant on the same day from the victim who was frighted, and received KRW 6,450,000 from the victim who frighted the victim more than five times in total, as described in attached Table (2) from June 12, 2019 to June 12, 2019.

“200 Highest 2381

피고인은 휴대전화 채팅 어플리케이션인 '즐챗'에 불상의 여성 사진을 자신의 것처럼 프로필을 저장한 후 대화를 요청한 불특정 남성들에게 자신의 주거지 주소와 출입문 비밀번호를 알려준 다음 자신의 주거지를 찾아온 남자에게 주거침입죄로 신고를 하겠다고 겁을 주어 합의금 등 명목으로 돈을 교부받을 목적으로 불특정 남성들을 유인하기로 마음을 먹었다.

1. 피고인은 2019. 12. 27. 11:34경 부산 부산진구 U(이하 생략)에 있는 피고인의 주거지에서, 위 '즐챗'에서 여성인 척 하는 피고인으로부터 집으로 놀러오라는 말을 듣고 그곳을 찾은 피해자 B(21세)이 벨을 눌렀으나 집안에서 문을 열어 주지 않자, 미리 알려준 비밀번호를 눌러 출입문을 열고 안으로 들어갔다. 이에 피고인은 피해자에게 누구냐고 추궁하면서 피해자로부터 휴대폰을 건네받아 위 '즐챗' 대화 내용과 여성 사진을 사진 촬영한 후 피해자에게 "주거침입으로 신고를 하겠다. 주거침입은 초범이라도 벌금이 나오던지 아니면 집행유예를 받을 수 있고, 전과 기록이 남아 취업이나 사회생활이 힘들 것이다."라고 공갈하여 이에 겁을 먹은 피해자로부터 주거침입 합의금 명목으로 같은 날 피고인 명의 M 계좌(계좌번호 : V)로 100만 원을 교부받아 이를 갈취하였다.

2. On December 28, 2019, the Defendant: (a) around 15:28, 15:28, at the Defendant’s residence of the above Defendant, issued 80,000 won to the Defendant’s M account in the name of the Defendant as stated in paragraph (1) on the same day, to the victim, “I am together with the victim who fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fly fys

3. At around 20:30 on the same day as described in the above Paragraph (2), the Defendant presented the victim’s photographic photo taken from the victim’s cell phone as described in the above Paragraph (1) to the victim’s residence, and “the woman is a person engaging in sexual traffic, who is asked to third villages, and so in order to resolve the case, he/she shall appoint a lawyer.” On December 29, 2019, the Defendant sent 80,000 won to the M account in the name of the Defendant as described in the above Paragraph (1).

4. On December 29, 2019, at a place where it is difficult to identify the place, the Defendant: (a) sent to the victim “the attorney’s appointment fee of KRW 5.3 million to open three mobile phones in his/her own name, excluding KRW 1.3 million already paid for a total of KRW 5.3 million; and (b) received KRW 1,375,000 from the 1st cost-on market price in X located in Busan Dong-gu, Busan; and (c) received KRW 1,375,000 from the 11st cost-on market price in X located in Busan; and (d) received KRW 1,375,000 from the Plaintiff’s mobile phone agents located near Busan-gu, Busan-gu, 19:00, at KRW 1,397,000,000 and KRW 1,301,000,0000 from the 30th cost-on agencies around the 1,2013.

5. Around December 31, 2019, the Defendant, at the Defendant’s residence, sent to Kaxa for the victim the sum of KRW 2,01,000,000, which was cashed after paying the amount of KRW 4 million at the attorney’s fee, and sent KRW 2 million from the victim frighting to 2 million on the same day, from January 1, 2020 to January 1, 201:54 of the same day, the Defendant received KRW 2,01,000 in total, which was cashed after settling the instant item as the security deposit for directors.

On January 9, 2020, the Defendant called the victim AB, who is the motive of the university, to use the mobile phone and falsely stated that “If the Defendant borrowed money from the police station because he/she was under investigation, he/she would have to return to the office, he/she would have paid the money immediately.”

However, at the time of fact, the Defendant intended to use the money received from the victim for online gambling and living expenses. At the time, the Defendant had no particular property or fixed income, and had been living for gambling with money from many victims by the said method, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 7,200 from the victim to the AC account of the Defendant on the same day as transportation expenses, and acquired KRW 10,167,758 in total on 57 occasions from the date to March 10, 2020, such as the statement in the attached crime list from March 10, 202.

Summary of Evidence

[200 Highest 1508]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning C, B, J and L;

1. Each complaint;

1. Details of each account, page dialogue, details of account transactions, details of account transactions, details of account transactions, transfer certificates, certified letters, details of small-amount settlement, details of transactions, and letters;

1. Investigation report (report on results of investigation data analysis);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to AD by the police;

1. A written complaint and accompanying documents submitted by the victim (2020 highest 2380);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police about P;

1. Data, such as a complaint book, text message submitted by victims, etc., details of account, copies of passbooks, certificates of confirmation of transactions, agreements, grouping records, etc., details of account transfer, details of account transfer, details of account transactions and dialogues [20 highest 2381];

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Agreement, a statement of subscription to a mobile phone, a statement of transaction by account, a statement of conversation by Kakao Stockholm, and a details of small-sum settlement (20 high group 2949);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to AB by the police;

1. Application of Acts and subordinate statutes as a result of the execution of H Warrant, including a complaint, certificate of deposit, written agreement, D Bank reply, IBK Bank warrant execution result, AE warrant execution result,

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

Article 347(1) of the Criminal Act (Fraud's point), Article 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act (the point of attempted threat) of the Criminal Act, the choice of imprisonment for each sentence of imprisonment

1. Aggravation for concurrent crimes;

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

1. Dismissal of an application for compensation order;

The reason for sentencing under Article 32(1)1, 32(1)3, and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the filing of an application for compensation after the conclusion of pleadings, and the scope of liability for compensation is inappropriate, and it is not clear that an order for compensation is issued in criminal proceedings) has been committed by the Defendant. The Defendant committed a very malicious crime on several occasions, such as taking money by threatening the parents of students who found the Defendant’s wallet to criminal punishment by threatening the victims to criminal punishment, and by threatening the victims to criminal punishment after giving them a false situation. Furthermore, the Defendant created a variety of false cases or figures, and repeatedly committed multiple frauds through active and false statements such as deceiving others. On one occasion, the Defendant continuously repeated the crime against the victims who were the subject of the crime, preventing the fraud again against the victims, and repeated the crime against the victims by fraud, and repeatedly committed the crime against the victims’ parents, causing the victims’ trust or abuse of the Internet.

The Defendant committed a criminal act repeatedly against many victims for the purpose of preparing gambling funds, entertainment expenses, etc. while running home, and the total amount of damages therefrom reaches KRW 48,218,258. Although the Defendant agreed with the victim C, J, L, and AB, the Defendant still did not recover most damages.

The sentence shall be determined like the order, in consideration of the circumstances, such as the age of the defendant, the mother of the defendant is still leading the defendant, the fact that the defendant is divided into crimes, etc.

Judges

Judges Kim Yong-hee

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항 제1호

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