2019 Highest 735,973 (Joint), 2407 (Joint), 2427 (Joint), 2734 (Joint),

307(combined), 3119(Consolidated) Fraud

2019 early 671,728 Orders for Compensation

A

Is-in (prosecution) and Kim Dong-dong (Trial)

Attorney Lee Chang-han (Korean)

1. B

2. C.

November 20, 2019

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment has become final and conclusive, and the defendant shall be ordered to provide community service for 120 hours.

The defendant shall pay 170,000 won by deceitation to C who is an applicant for compensation. The defendant shall reject the application for compensation order B which is an application for compensation.

The above compensation order may be provisionally executed.

Criminal facts

2019 Highest 7354

On July 12, 2018, the Defendant posted a false statement to the victim E, who reported the above writing, stating that “Aphone 6 + 64 means selling smartphones by accessing D,” at a place where the name below Kimhae-si is unknown. However, even if the Defendant received money from the victim, he/she did not have any intention or ability to sell the said mobile phone.”

The Defendant received 120,000 won from the victim to July 21, 2018 as the price for the mobile phone from July 13, 2018 to July 21, 2018 from the victim to the Defendant’s F bank account as well as received money and valuables worth KRW 2,253,500 in total from the victims via the same method as shown in the crime sight table (1) from around that time to February 4, 2019. Accordingly, the Defendant received property by deceiving the victims.

2019 Highest 973

1. Fraud - Crimes committed on October 27, 2018

Around October 27, 2018, the Defendant posted a false statement on the PC bank located in G in Kimhae-si, stating that he would sell an online “H game account” by accessing the Internet “H” site, and that he would transfer money to the victim I who reported and contacted the above writing. However, even if the Defendant received money from the victim, he did not have any intent or ability to sell the said game account.

The Defendant received 14,000 won from the victim to the JJ Association account of the Defendant on the same day.

Accordingly, the defendant was provided property by deceiving the victims.

2. Fraud - Crimes committed on February 19, 2019

On February 19, 2019, the Defendant made a false statement to the effect that “after accessing the PC room located in Kimhae-si G,” “after gaining access to the Rostac Game,” and that “after sending money, I will send the game money.” However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to sell the game money.”

The defendant received 50,000 won from the victim to the F bank account of the defendant under the same day as the price in the game money.

Accordingly, the defendant was provided property by deceiving the victims.

2019 Highest 2407

On May 10, 2019, the Defendant posted a letter that “in access to the Internet L site and sell KRW 100,000,000 of cultural products right” at the PC room near the Defendant’s residence located in Kimhae-si, the Defendant made a false statement to the victim M who reported and contacted the above writing “on the transfer of money, he will transmit the said mobile cultural products right to the mobile phone to the mobile phone.”

However, even if the defendant receives money from the victim, the defendant did not have the intent or ability to sell the mobile cultural product right to the victim.

The Defendant received KRW 90,000 from the victim as the price for the mobile cultural product in the same day, and received KRW 1,621,700 from 11 victims in total by the same method as indicated in the attached Table of Crimes (2) from around that time to July 30, 2019, in total, from 11 times in the same manner as indicated in the attached Table of Crimes (2). Accordingly, the Defendant received property by deceiving the victims.

"2019 Highest 2427

On July 6, 2019, the Defendant posted a letter stating that “The points will be sold by accessing the Internet site” at a place where the name is unknown, and the Defendant made a false statement stating that “the Defendant will send points when remitting money to Q Q Q, which reported and contacted the above article.”

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to sell the main points.

The Defendant received 30,000 won from the victim as the points payment on the same day from the victim to the Jassociation account (R). From around that time to August 5, 2019, the Defendant received 750,000 won in total from six times in the same way as shown in the attached Table of Crimes (3) through the same method.

Accordingly, the defendant was provided property by deceiving the victims.

“2019 Highest 2734

On May 6, 2019, the Defendant: (a) around 02:30 on 02:30, the U.L. operated by the Victim T in Kimhae-si, and (b) the Defendant, despite the absence of the intent or ability to pay the drinking value and the costs of female visitors, was required to pay the price normally, and (c) the Defendant was ordering the victim to pay the cost and demanding female visitors to receive the cost of female visitors.

The Defendant received 40,000 won’s singing rooms from the victim’s place, 2.60,000 won’s sing room, 2.60,000 won’s sing room, and 80,000 won’s sing room service was provided for two hours.

Accordingly, the defendant, by deceiving the victim, acquired a total of 3.80,000 won property interest.

“2019 Highest 3007

On January 1, 2019, around September 2019, the Defendant confirmed that “I wish to purchase an online game host account by accessing X, which is the Internet game community site,” in the PC room located on the fourth floor of the V building in Kimhae-si, Kim Jong-si, and concluded that “I will sell the Austria account if I remitted KRW 28,000 to the victim who published the above article.”

However, at the time of fact, the Defendant told the Z that “28,000 won should be remitted to the Z,” so even if the victim deposits the money into the Z account, he did not have the intent or ability to sell the Zc account to the victim.

The Defendant, as seen above, by deceiving the victim by means of "one-person fraud", received 28,000 won from the victim to the Z bank account (AB) under the pretext of selling the Losta Account on the same day.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest3119 / 19 / Fraud - From May 29, 2019

At around 5, 2019. 5, 23:00, the Defendant: (a) around 23:00, operated by the Victim AD in Kimhae-si, Kimhae-si; and (b) the fact was, despite the absence of the intention or ability to pay the drinking value and the costs of female visitors, demanding the victim to pay the normal cost, and (c) the Defendant ordered the victim to do so and demanded female visitors to receive the cost of female visitors.

The Defendant received alcoholic beverages equivalent to KRW 260,000 from the victim’s place of residence, and was provided with female entertainment services equivalent to KRW 60,000. Accordingly, the Defendant, by deceiving the victim, acquired a total of KRW 320,000 from the victim’s pecuniary advantage.

2. Fraud - Crimes committed on July 26, 2019

On July 26, 2019, the Defendant sent 40,000 won (game money) to the victim AI after accessing the Internet AH website in the AG PC located on the first floor below the building AF building in Changwon-si, Changwon-si, Changwon-si, and then making a false statement to the victim AI.

However, at the time of fact, the defendant said that "140,00 won is to be deposited, the defendant sent two game items (a set of members, a set of members, and a set of members) to the AJ's account." Thus, even if the victim deposits money to the AJ's account, he did not have the intent or ability to send the game money to the victim.

The Defendant, as seen above, by deceiving the victim by means of ‘one-person fraud', received 140,000 won from the victim as the price for the game money in the same day from the victim to the F Bank Account of the Court (AK).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2019 Highest 735]

1. Statement by the defendant in court;

1. Each statement and written statement;

1. A certificate of transfer, a detailed statement of transfer, a written confirmation of transfer transactions, a statement of results of transfer, a statement of account transfer, a statement of results of account transfer, a certificate of results of remittance, a public receipt, a closure data of the contents of conversation, and data on conversation [data];

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Details of deposit transactions, certificates of deposit, and AL dialogues (2019 highest 2407);

1. Statement by the defendant in court;

1. Statement of the police statement related to AM;

1. Each statement and written statement;

1. The certificate of deposit, detailed statement of deposit transactions, statement of transactions, confirmation of transfer results, details of remittance, statement of transfer, statement of account transfer, certificate of remittance, each text message, and the AL conversation [27];

1. Statement by the defendant in court;

1. Each statement and written statement;

1. A financial account book, statement of transactions, deposit certificate, remittance certificate, transfer certificate, financial transaction statement, deposit statement, and each text message (2019 order2734);

1. Statement by the defendant in court;

1. Statement of the police statement regarding T;

1. Text messages (2019 Highest 3007);

1. Statement by the defendant in court;

1. Each statement and written statement;

1. Details of transactions, dialogues, and financial account replys [2019 Highest 3119];

1. Statement by the defendant in court;

1. Statement of the police statement to AJ;

1. Each statement and written petition;

1. On-site photographs, receipts, text messages, financial account replies, statement of transactions, search and seizure warrants, and correspondence data;

Application of Statutes

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

Article 347(1) of the Criminal Code, each choice of imprisonment

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. Social service order;

Article 62-2 of the Criminal Act

1. Article 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Appeals;

1. Dismissal of a compensation order;

Articles 32(1)2 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Article 32(1)2 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Article 32(

The reasons for sentencing are as follows: various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., which are conditions for sentencing specified in the instant case, and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee, shall be determined as ordered by the Supreme Court.

○ Unfavorable Circumstances: Each of the instant crimes was committed on a planned or repeated basis against an unspecified Internet commercial user by committing or repeating a fraudulent act; the nature of the crime is not good; the frequency of the crime or the number of victims is also considerable; the Defendant committed a crime of the same type of fraud even though he had been subject to a disposition of suspending indictment three times, a disposition of suspending indictment, and a punishment of eight times, and committed a second offense; the Defendant continued to commit a crime even though he/she was prosecuted on the grounds of the case of the same type of fraud, and the possibility of criticism against the Defendant is considerable.

The favorable circumstances of ○: The fact that the defendant repents and reflects the defendant's wrong, the amount of damage itself is small in a small scale, the defendant paid more than half of the total amount of damage and agreed with some victims, the family members of the defendant are leading the defendant, and the defendant has no record of punishment exceeding fine due to the early birth of the society, etc.

Judges Doh-hin