2012Gohap1362 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

1. The largest (00000 - 000000) and the representative of 00didone corporation;

Residence Jeonnam

Jeonnam of the original domicile

2. Kim 00 (0000 - 000000) and retail trade of Nowon-computers;

Government of Home Affairs

Seoul basic domicile

c. Transmission00 (0000 - 000000) and Internet sales business;

Government of Home Affairs

Government of Reference domicile

Escopics (prosecutions) and Clerks (Public Trial)

Attorney Kang Young-young (the national election for defendant 0)

Attorney Jeong Jae-chul (Law Firm Jae-sik, Attorneys Song Jae-sik et al., Counsel for defendant Kim -00 and defendant 1)

November 30, 2012

The defendant shall be punished by imprisonment with prison labor for up to two years and six months, by imprisonment for up to two years, and by imprisonment for up to one year and six months, and by imprisonment for up to one year and six months.

However, with respect to the defendant Kim 00 and Song 00, the execution of each of the above punishments shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

Defendant 1, as a representative of 00 dynasium Co., Ltd. (hereinafter referred to as “00 dynasium”), agreed with 00 computer terminal stores (hereinafter referred to as “00 dynas”), 000 that are mobile communications company’s opening offices, and subordinate solicitors solicited customers (WIBRO, Wireless Brod's Ltd., radio light station Internet), and was a distributor who receives fees, and Defendant 100 and Song 00 were in charge of the above service as 00 dynasium employees.

Defendant LWWD Co., Ltd. (hereinafter referred to as “KT”), KSV Comcom Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”), which is a mobile network operator, provides e-mail services, which is a radio Internet service provider, and an agent attracting customers first purchases e-mail computers and agrees to pay e-mail premium rates every month during the agreed period of 24 months to 36 months or e-mails, the victim company will abuse the agent’s right to request the agent to purchase e-mail computers in cash instead of the e-mail’s purchase and delivery of the e-mail’s e-mail’s e-mail’s e-mail, and to make the agent purchase e-mail’s e-mail’s e-mail’s e-mail’s e-mail’s e-mail’s e-mail’s e-mail’s e-mail agent to purchase e-mail’s e-mail’s e-mail’s e-mail’s e-mail’s e-mail.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against KT;

Defendants in collusion with subordinate solicitors in sequence with le00, and around April 5, 2010 ( June 21, 2012)

The detention indictment) The defendant was found to have found the Internet microcredit advertising, etc. *** * on the condition that he will pay a certain amount of money to the defendant Kim Dob, and the defendant Kim 00, and the defendant Kim 00 and Song 00 received from le00 in accordance with the defendant's instructions, the defendant Kim *** * through an open agency 00 computers as if he would normally use the victim's KT and pay the principal of the Notbuk computer in good faith in good faith ** * * the defendant Kim * * * * the defendant's maximum applicant for the subscription to the services and the payment of Not Computer, etc. * * * * * the defendant's payment of the defendant's Samsung Northern computer (SE model name: SES 430 - J4SA) that he should receive from the defendant's 00 computers and sell the above principal of the defendant's 10-bit and the defendant's request for the above payment of the above principal to the victim.

As a result, in collusion with the victim company by deceiving the victim company, the defendants acquired 1,17,00 won by deceiving the victim company, and from around that time to February 16, 201, the defendants conspired with the lower-tier solicitor 00 (one 'Scar' 'Scar' 'Scar' 'Scar' 'Sa light information and communication' 'Y 00 (one ' one ' one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - another - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - another

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the Victim SK Telecom.

From April 5, 2010 to January 27, 2011, the Defendants conspired with subordinate solicitors in collusion with 913,848 won by deceiving the Victim SK Telecom, and discovered Internet microcredit advertisements, etc. using the same method as Paragraph (1) ** this 000, an agent of the service opening through this Hybro 000, thereby pretending to subscribe to the Victim SK Telecom service, which was received KRW 913,848 from the victim company, and thereby, the Defendants got 913,848 won by deceiving the Victim SK Telecom in collusion with 00, 000, 00, and 00, 00 won through the above method, 10,000 won and 184,00 won and 84,08,00 won and 0,000 won and 84,08,000 won and 0,08,00 won and 18,06,06, of the Victim Telecom.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol on yellow00;

1. A copy of each protocol of examination of suspect with regard to leap00 by prosecution;

1. Statement made by each prosecutor at the prosecution against 100,000;

1. A 00 statement;

1. An investigation report [Attachment 00 copies of 00 computers)], an investigation report (00 copies of 20 computers) (Attachment 20: attach 00 copies of 20)), investigation report (Attachment 200 copies of 20: 00 copies of 20: 00 copies of 20, 0000 copies of 200 copies of 20, 00 copies of 20: (00 copies of 20: 00 copies of 20, 000 copies of 20, 000 copies of 20, 00 copies of 20, 00, 00, 00, 00, 00, 00, 00, 10, 10, 10, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 20, 3).

Application of Statutes

1. Article applicable to criminal facts;

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Code / [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concerning Victims SKS with a heavier penalty]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of each Criminal Code (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Defendant Kim 00, Song 00: Article 62(1) of each Criminal Act (The following consideration has been made for favorable circumstances among the reasons for sentencing)

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than one year and six months but not more than 22 months;

2. Application of the sentencing criteria;

[Determination of Type 2] General Fraud, Type 3 (at least 500 million won, less than 5 billion won)

[General Mitigation Elements] No history of criminal punishment

[Scope of Recommendation and Punishment] From 3 years to 6 years (based on the lower limit of applicable sentences under law)

3. Determination of sentence: Defendant O was sentenced to two years and six months of imprisonment; Defendant 00 was sentenced to two years of suspended sentence; Defendant 1 and half years of suspended sentence; Defendant 20 was sentenced to one year and six months of suspended sentence; Defendant 2 did not have any intention to use the npt computer provided by nbro service; Defendant 1 and half years of suspended sentence was induced to use the nbbro service combined with purchase of the nbro computer unit; and Defendant 2 and subordinate fund raiser acquired the principal, etc. of the nbio computer unit by using the method as indicated in its reasoning. Defendant 2 and subordinate fund raiser were 0 years of imprisonment with prison labor to pay the above nbrogy to the victim; Defendant 2 and subordinate fund raiser were 0 years of suspended sentence. In light of the fact that Defendant 1 and subordinate fund raiser were sufficiently aware of the fact that the nbrogian unit did not have any capacity to pay the above nbrogian payment to the victim, and Defendant 2 and subordinate fund.

On the other hand, the defendants are aware of their mistakes from the investigative agency, and there is no record of criminal punishment, and all the defendants do not obtain the whole amount of the money obtained through deception by the defendants (the defendant Kim 00 and Song 00 seems to have been paid a certain amount of bonus and performance bonus from the defendant as an employee), and there is no more criminal liability of 00 and Y00 of the act of lending money by raising the subscribers in need of urgency, and excessive competition in the course of promoting radio Internet service by mobile communication companies seems to be an incentive factor for the crime of this case. In addition, in consideration of all the sentencing conditions in this case, such as age, family relationship, character, and environment of the defendants, the punishment like the order shall be determined (the defendant Kim 00 was a subordinate business operator who became aware of working in the corporation 000 and a person who first proposed to the defendant who used profit structure using the method of crime and who is more likely to contribute to the crime of this case than the defendant of this case shall be determined as a higher contribution to the crime of this case).

Judges of the presiding judge;

Judges Yellow-gu

Judges Lee Hy-young

1) On November 19, 2012, the phrase “1, 748, 016, 468 won” is an error.

2) The sentencing criteria as of July 1, 2012 shall be based on the sentencing criteria as of July 1, 2012.