2013 Highest 1731 Fraudulent

2012013 initially 1242 Application for a compensation order

1 . 임ㅇㅇ ( 63년생 , 남 ) , 무직

Dongjak-gu Seoul Metropolitan Government

Seoul basic domicile

2. Kim○-○ (86 years old, south), and non-permanent

Dongjak-gu Seoul Metropolitan Government

Reference domicile Chungcheongnam-Nam

3. Full-time, ○ (87 years old, south), and non-permanent.

Dongjak-gu Seoul Metropolitan Government

Seoul basic domicile

4. Ma○○ (in 86 years old, in n.e., 86 years old, inn.), free of office

Dongjak-gu Seoul Metropolitan Government

Jeonnam of the original domicile

5 . 김ㅁㅁ ( 90년생 , 여 ) , 무직

Housing Yangcheon-gu Seoul

Seoul basic domicile

6. Kim 00 (No. 91 years old, No. 10), Company Board

Dongjak-gu Seoul Metropolitan Government

Jeonnam of the original domicile

7.Ethy (79 years old, female), non-permanent, non-permanent

Residential Deputy City

Seoul High Court Decision 20

8. High 00 (born in 79 years, women), and non-permanent,

Dongjak-gu Seoul Metropolitan Government

Seoul basic domicile

Maximum amount of money (prosecutions) and Yellow (Trial)

1. Attorney Kim Shin (Defendant MaO, Kim ○, Ma-○, Ma-○, Ma-○)

(n)

2. Attorney Lee Jin-hoon (Defendant Kim Jong-young, Kim Jong-young, Lee 00, Hain)

National Ship)

(83 years old, female)

Dongjak-gu Seoul Metropolitan Government

July 16, 2013

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

In one year and six months, Defendant 1 was sentenced to imprisonment with prison labor for one year, Defendant Kim Jong-young was sentenced to imprisonment with prison labor for eight months, Defendant Kim 00;

Any person who is punished by imprisonment with prison labor for not less than 20 months and for not more than 6 months.

in this case, 2 years from the date this case became final and conclusive for Defendant Kim Jong-chul, Kim 00, this case, and this case

The execution of each of the above punishments shall be suspended.

The community service for 160 hours to Defendant Kim Jong-young, and the community service for 80 hours to Defendant Kim 00;

Defendant 00 and senior 1 each order of community service for 40 hours.

Search and seizure 56 mobilephones (Mophones) 56, Robro Mabro Mabro Mabro (2012)

One right, one application for accession (as January 1, 2013), one right, one application for accession (as February 2, 2013), one right, one right of application for accession (as March 2013), and one right of application;

One application for entry ( April 2013) and one copy of the entrance consultation, four copies of the entrance consultation, four copies of other documents, one copy of each other, and the passbook for the new cooperation.

One bankbook, one deposit passbook, one mobile storage device (USB), 14 heavy portable phones, gallonno

T2 Mobile phones (2013No. 646 No. 1 to 10, No. 16, No. 16

No. 18, No. 23 through 25) shall be forfeited from the defendant's forest ○.

An application for compensation by an applicant for compensation shall be dismissed.

Criminal facts

On September 2012, Defendant 1, 2012, after discovering the personal information of the victims and personal information necessary for opening a cell phone, discovered the personal information of the victims and the opening of the cell phone, and stolen it, and sold it to the victims with a mobile phone and raise money by selling it as a mobile phone, and prepared an office at the Guro-gu Seoul Metropolitan Government Guro-dong Group and recruited its employees.

(1) Accordingly, Defendant Kim Jong-chul from January 2013 to April 4, 2013, and Defendant Kim Jong-young

2013 . 1 . 초경부터 2013 . 3 . 말경까지 , 피고인 이00은 2012 . 9 . 초경부터 2012 . 12 . 말경까지 , 피고인 고 은 2012 . 10 . 초경부터 2012 . 12 . 말경까지 , " 소액대출 전문업 체입니다 . 대출을 원하시는 고객님은 연락 주세요 . . " 라는 취지의 대량 발송 문자메시지 를 보고 ARS시스템을 통하여 상담 신청을 한 사람들에게 전화하여 , " 이지론 캐피탈인 데 , 300만 원까지 소액대출 가능하다 . 1년 무이자 혜택을 드리는 대신 고객님 명의로 서류상으로만 핸드폰을 개통하여 최소 3개월간 유지할 필요가 있는데 이는 서류상으로 만 개통하는 것이니 요금이 부담되지 아니한다 . " 라며 피해자들을 현혹하는 1차 상담원 의 역할을 수행하고 , ( 2 ) 피고인 김○○과 피고인 정○○은 각각 2012 . 9 . 초경부터 2013 . 4 . 4 . 경까지 , 위 1차 상담원들으로부터 대출희망자들의 명단을 넘겨받은 뒤 재차 전화를 걸어 " 담당 팀장입니다 . 고객님의 휴대전화 개통수에 따라 대출금이 정해집니 다 . 대출을 많이 받으시려면 여러 개의 휴대전화를 개통하시는 것이 유리합니다 . " 라고 설명하며 대출을 희망하는 신청자들로부터 계좌번호 , 신분증 사본 , 신용카드번호 등 휴 대전화 개통에 필요한 개인정보를 넘겨받는 2차 상담원 역할을 수행하고 , ( 3 ) 피고인 기○○은 2012 . 9 . 초경부터 2013 . 4 . 4 . 경까지 , 위 2차 상담원들로부터 건네받은 피해 자들의 휴대전화 개통에 필요한 개인정보를 이용하여 , 각종 온라인 핸드폰 개통 사이 트에서 피해자들 명의로 휴대전화를 할부로 개통한 뒤 피해자들이 의심하지 않도록 피 해자들에게 개통 휴대전화당 20만 원 가량을 이체하여 주는 역할을 수행하고 , ( 4 ) 총책 인 피고인 임○○과 성명불상의 일명 ' 빡팀장 ' 은 2012 . 9 . 경부터 2013 . 4 . 4 . 경까지 , 서 울 구로구 구로동 일대 등에서 사무실을 옮겨가며 , 위와 같은 방법으로 개통한 피해자 들 명의의 휴대전화들을 수집한 후 대포폰 구매업자에게 판매하기로 하였다 .

이에 피고인 임○○ , 김○○ , 정○○ , 기○○ , 김□□ , 김00은 위와 같이 각각의 역 할을 분담하여 , 2013 . 1 . 25 . 14 : 30경 서울시 구로구 신도림동에 있는 사무실에서 , 피해 자 유王王에게 전화하여 대출회사를 사칭하며 " 고객님 명의로 핸드폰이 개통되면 300 만 원 대출이 가능하며 3개월을 유지한 후 취소하면 전혀 문제가 발생하지 않는다 . " 라 며 피해자를 기망하고 , 이에 속은 피해자로부터 주민등록등본 등 휴대전화 개통에 필 요한 개인정보를 건네받아 , 그 무렵 인터넷을 통하여 시가 936 , 000원 상당의 아이폰 5 휴대전화와 시가 7 , 700원 상당의 유심칩을 피해자 명의로 구입하여 위 전화를 개통한 후 이를 대포폰 구매업자에게 판매하였다 .

In addition, from September 3, 2012 to April 2, 2013, the Defendants conspired to purchase a total of 152,619,627 mobile phones in the name of 229 victims in collusion with each other, as described in the attached list of crimes, and dispose of them and make the victims pay the above money by subrogation. Defendant YOO, Kim○, Ma○, Ma○, Ma○○, and Ma○○○ means to purchase a cell phone of 407 won in the name of 229 victims, as described in the attached list of crimes, and to dispose of them, and to compel the victims to pay the above money. Defendant YO, Kim Jong-young, and Kim Kim ○, Defendant 139, 00, Ma○, Ma○, and Ma○, together with Defendant 139,093,03,037 won. Defendant this means

Defendant 1: (a) acquired and acquired the pecuniary benefits equivalent to KRW 2,084, and KRW 100, along with Defendant 1’s HaoO, Kim ○, Ma○○, Ma○○○, and Ma○○; and (b) acquired and acquired the pecuniary benefits equivalent to KRW 13, 163, and 80, together with Defendant 1’s MaoO, KimO, Ma○, and Ma○.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to the police;

1. A copy of the police statement;

1. An application for admission;

1. A certified copy of each note;

1. A copy of a counseling facility or new computer;

1. Details of transactions in each account;

1. Copies of each USB output;

1. Each report on investigation;

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment (the Defendants)

Articles 347(1) and 30 (Selection of Imprisonment)

1. Concurrent Crimes (Defendants)

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

1. Suspension of the execution (Defendant Kim Jong-tae, Kim 00, Lee 00, Park Jong-dae);

Article 62 (1) (hereinafter referred to as "grounds for sentencing") of each Criminal Code

1. Social service order (Defendant Kim Jong-tae, Kim 00, this, and the outline);

1. Confiscation (Defendant ClinicalO);

Article 48(1) of the Criminal Act

1. Dismissal of application for compensation;

Article 25(3)3, Article 32(1)3, and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the scope of voluntary compensation is not clear)

Reasons for sentencing

The instant crime committed by misrepresenting the lender, by deceiving the borrower who intends to make a large-scale text message after sending a mobile phone opening, by deceiving him/her to be capable of lending a mobile phone opening and receiving personal information, such as a copy of identification cards, etc. from the applicant for the mobile phone opening, using the personal information, and selling it as a mobile phone sponsor by selling it as a mobile phone.

The Defendants’ crime of this case was committed in a systematic intelligence and a considerable period of time, and repeatedly over a considerable period of time, and against many unspecified victims who are in imminent position to receive a small loan even, the nature of the crime and the criminal intent are very serious. Furthermore, since the large number of the phone supplied by the Defendants is likely to have reproduced secondary damages due to their use in other crimes or illegal acts, the degree of social harm and injury caused by the crime of this case is limited to a large number of the copies, and it is inevitable to make a strict sentence against the Defendants as well as the number of victims and the amount of damage.

However, the agreement with 57 victims among 229 victims (the total amount of damages to the victims agreed among 152, 619, and 627 won) shall be taken into account in favor of the defendants, such as that there was no record of exceeding the same criminal records or fine, and that there was no record of exceeding the punishment of the same kind of crime to the defendants, and in the case of the defendant Kim ○, there was no record other than the fine once in addition to the punishment of the defendant 1, and the defendant 1's PO, PO0, Kim Jong-gu, Kim Jong-gu, 00, 00, 00, 152, 619, and 627 won, and that the defendants divided their own misconduct in depth.

In light of the roles performed by the Defendants in the instant crime, the period and degree of the commission of the crime, the actual amount of profit (the remaining Defendants except Defendant 50 appear to have received monthly wage from Defendant 50,000,000 won per month according to the class or service period, and the amount seems to have not been much enough to reach a certain level of 2 million won per month, depending on the recommended sentencing guidelines, etc., the punishment shall be determined. However, the sentence shall be determined to be inevitable for a certain period of time with respect to 00,000 won per month, depending on the degree of the commission of the crime.

However, the execution of imprisonment shall be suspended in consideration of the fact that Defendant Kim Jong-gu, Kim 00, this, and this case, which served as the first counselor, is easy to commit a crime, and that it appears not to have participated in the crime from the beginning with the knowledge that it was a loan fraud, and that the gains acquired from the crime of this case are not much high, Defendant Kim 00, 00, 00, and 00 have suspended the crime before control, and the community service order shall be added.

It is so decided as per Disposition for the above reasons.

Judges Park Byung-hee

1) The amount of profit out of the organized fraud is not less than KRW 100,000 but less than KRW 500,000 (Provided, That this is not less than KRW 00, and the amount of profit which is equal is less than KRW 100,

(2) In the case of Defendant 10, the weight of the special weight (the weight of the special weighter) shall be the subject of the special weight (the leading factor of the commission of the fraud or the room thereof).

at least two persons who have directed the conduct, or have repeatedly committed a crime for an unspecified or large number of victims during a considerable period of time).

As seen in Section A, the recommended sentence is from 4 to 10 years of imprisonment. In the case of Defendant Kim-○, Ma-○, Ma-○, and Ma-○, it falls under the aggravated area.

f. The recommended sentence is 4 to 7 years of imprisonment, and the recommended sentence is 2 years of imprisonment that constitutes the basic area in the case of defendant Kim Jong-young and this objection.

Defendant 00 falls under the basic area of less than KRW 100,00,000 among organized fraud, and the recommended sentence is one year and six months.

The three-year sentencing guidelines are recommended, referring to the various circumstances examined above, with respect to the remaining Defendants except Defendant 1 YO.

Punishment which deserts the lower limit of a quantity shall be pronounced.