2013Gohap1397, 2014Gohap32(combined)

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

(b) Fraud;

C. Attempted Fraud

D. Violation of the Specialized Credit Financial Business Act

(e) Violation of the Narcotics Control Act;

(f) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

(g) Violation of the Korean Racing Association Act;

(h) A violation of the Bicycle and Motorboat Racing Act;

(i) Violation of the Korean Racing Association Act

(j) Violation of the Bicycle and Motorboat Racing Act;

(k) Criminal escape;

1.(a) to A.

(j) B

3.C.

4. Baga Ka. D

Maximum completion of prosecution, Kim Yong-type (public trial)

Attorney E (National Election for Defendant A)

Attorney F (for the defendant B)

Law Firm G (for Defendant C)

[Defendant-Appellant]

Attorney I (for defendant D)

March 21, 2014

Defendant A shall be punished by imprisonment for three years and six months, by imprisonment for Defendant B, by imprisonment for one year, by imprisonment for Defendant C, by eight months, and by imprisonment for one year.

However, with respect to defendants B, C, and D, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

The evidence Nos. 4 through 7, 9 through 11 of the Seoul Central District Prosecutors' Office that was seized in 2013, No. 24, 25, 29 through 36, 38 through 53, 54, 55, 57, and 58 of the same Act shall be confiscated from Defendant C, and the evidence Nos. 55 of the Seoul Central District Prosecutors' Office 2013, Nos. 1 through 29, 32 through 34, 38 through 51, and 70 through 75 of the same Act shall be confiscated from Defendant D, respectively.

8,100,000 won from Defendant A and 25,000,000 won from Defendant B shall be collected respectively.

Criminal facts

“2013 Highest 1397

On October 21, 2010, Defendant A sentenced ten months to a violation of the Act on the Control of Narcotics, Etc. (mariju) at Seoul High Court on October 21, 2010, and completed the execution of the sentence at the Jinju prison on January 26, 2012.

From the end of February 2012, Defendant A, along with J, K, L, etc., from around December 20, 2012, Defendant B purchased a large quantity of goods through the Internet, etc. using a three-story detached house located in the Chinese winded city, and disposed of them through the Internet in the domestic Internet shopping mall, etc., and opened and operated the Internet shopping mall "M" and the Internet shopping mall "M" and "M" in the name of the horse racing, bicycle and boat racing, the Internet Internet site to receive the disposal price through the borrowed account, or selling the fake name "M" and the fake name "M" in order to divide profits from the establishment and operation of the whole crime, and the overall management of the crime and the management of funds, and the above LM's general management and operation of "M", and the management and operation of the credit card site "M" and "management and operation of the Internet," as necessary.

1. Defendant A

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

(i) The Korea Minting and Security Printing Corporation;

On November 2012, 2012, the Defendant, etc. called Q Q Q from the phone call to the Victim Korea Minhion Corporation, and concluded a general manufacture and supply contract of gold products with the content of the gold products of KRW 6450,000,000,000 in the name of "SS representative director T with the Korea Minhion Corporation," which is located in the Sinan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

그 후 피고인과 J, K 등은 2012. 12. 9.경 중국 윈난성 쿤밍시 소재 불상의 민박집에서 한국조폐공사가 운영하는 전자쇼핑몰(www.koreamint.com)에 접속하여 시가 30만원 상당의 목걸이 메달(뱀) 3개 등 993만 원 상당의 순금제품을 주문하고 그 대금을 결제함에 있어, K이 인터넷 등을 통해 취득한 뱅크 오브 아메리카(Bank of America, 미국) 발급 해외 신용카드의 결제 정보를 권한 없이 입력하는 등의 방법으로 0을 기망하고, U은 같은 달 10.경 서울 종로구 경운동에 있는 서울노인복지센터 인근 노상에서 자신을 P 여행사 직원 'V'이라고 사칭하며 0으로부터 위 순금제품을 수령하고, 위 R은 주변에서 기다리다가 U으로부터 위 제품을 전달받았다.

In addition, from around September 2012, to around February 24 of the same month, the Defendant et al. received the order and settlement of gold products worth a total of KRW 533,240,000 in the same way as shown in the attached Table 1 of Crimes List 5,143 times, and received gold products worth a total of KRW 532,710,000 in the market price from around 10th of the same month to around 24th of the same month, as listed in the attached Table 1-1 of Crimes List 1-1.

Accordingly, the defendant was given property by deceiving the victim in collusion with J. K. K.

2) On March 15, 2013, the Defendant, etc.: (a) accessed the victim’s post office shopping mall (mall.e.s.go.r.) from the offsite in the China, the victim’s post office and shopping mall (hereinafter referred to as “W”); and (b) ordered red ginseng flus (240g) 244 disease (sc. 198,000 won per disease) to “X”; and (c) ordered the order to pay the price, the Defendant, etc., the Defendant, etc., by entering information on the settlement of credit card issued by the Defendant’s credit card issued to the Plaintiff’s post office and shopping mall (hereinafter referred to as “W”). On June 16, 2016, the Defendant, etc., ordered the Plaintiff to receive the said shopping mall in the manner of receiving it from the Plaintiff’s office and shopping mall, etc. (hereinafter referred to as “Y304 of the building that had received it from the Plaintiff around the same month.”

In addition, from March 15, 2013 to February 21, 201 of the same month, the Defendant et al. ordered 2,602 red ginseng products with a total of KRW 515,196,00 in total of 535 times as indicated in the annexed Table 2, and received red ginseng products five times in total from around 16th of the same month to around 22th of the same month, as listed in the annexed Table 2-1.

Accordingly, the defendant was given property by deceiving the victim in collusion with J, K, etc.

(b) Fraud;

On March 16, 2013, the defendant et al. issued a golf cap with a total of 8,848,000 won with access to the victim's Internet social money (www.weethice.com) at a remote area below the above China's Made-si (www.weethice.com) and ordered the payment thereof on seven occasions in total, the defendant et al. deceiving the person in charge of the above shopping mall by entering into the overseas credit card settlement information of the capital bank (Capthing Bank, Canada) acquired through the Internet et al., without the authority to pay overseas credit cards issued by K. On or around the 18th of the same month. On or around the 22th of the same month, U received the above product from the AB real estate office located in the AB in the city of Jinju.

From March 5, 2013 to September 19, 2013, the Defendant, etc. ordered and received golf products in a total of 5,023,50 won in the above-mentioned method, as shown in the attached Table 3, including the above-mentioned method.

Accordingly, the defendant was given property by deceiving the victim in collusion with J, K, etc.

C. Attempted Fraud

(i) The Korea Minting and Security Printing Corporation;

The defendant et al., through the method of subparagraph 1 (A) and paragraph 1 of Article 1, in order to order an electronic shopping mall operated by the Korea Minting and Security Corporation (www.korm.com) by accessing the electronic shopping mall operated by the Korea Minting and Security Corporation (www.korm.com) and settle the price, the defendant et al., obtained the above electronic shopping mall operator through the Internet, etc. by entering the settlement information of the overseas credit card (NVy Fed Credit) without the authority to issue the credit card, and thereby deceiving the operator of the above electronic shopping mall operator and take it over from the above shopping mall, but the defendant et al. attempted to obtain the goods from the above shopping mall and take it through the receipt of the goods from the credit card company's refusal, but failed to do so by means of the credit card company's refusal to obtain it from December 9, 2012 to August 24, 2015, but failed to obtain it over the total market price by means of deception, and attempted to obtain it from 3050.5

2) The defendant et al. attempted to induce the above shopping mall operator by entering information on the settlement of overseas credit cards issued by the Internet, etc. in connection with the post office shopping mall around March 13, 2013 in the following manner: (a) the victim's post office shopping mall operator and the defendant et al. attempted to receive the goods from the above shopping mall operator by deceiving him/her without authority, but failed to carry it with his/her intention by refusal of the credit card company's approval; (b) the defendant et al. failed to receive the goods from the above shopping mall and attempted to receive them by attempted to receive them through the credit card company's approval; and (c) the defendant et al. failed to receive the goods from March 13, 2013 to March 21, 2013, and failed to obtain them through the total amount of 9,600 won from March 13, 2013 to March 34, 2014; and (d) failed to obtain them by means of deception, and attempted to receive them.

(d) Violation of the Specialized Credit Financial Business Act;

The Defendant, in collusion with J, K, etc., traded by using another person’s credit card information that was discovered by improper means (other than Debit of card type 1 and 2) as described in sub-paragraph (a) and (b) of Section 1.

E. Around October 19, 2013, the Defendant, who violated the Act on the Control of Narcotics, etc. (marijuana) purchased 2g of hemps from 100,000 won, around October 19, 2013, the Defendant purchased 2g of hemps from the sales store (AC) in the vicinity of the subway No. 1 in the subway station located in Dongdaemun-gu Seoul Metropolitan Government via an Internet site.

From around 02:00 on October 28, 2013 to around 03:00 on the date, and from around 02:00 on the date of the end of October 2013 to around 03:00 on the date, the Defendant smoked the hemp, using pipes, respectively, within the residence of Dobong-gu Seoul Metropolitan Government AD apartment 204 Dong 1108, and around 20:00 on November 28, 2013, the Defendant smoked the hemp, using a smoker directly created by the Defendant in accordance with Article 101 Dong 201 of AE’s dormitory working for the Defendant.

(f) An aid for violation of the Korean Racing Association Act, and aid for violation of the Bicycle and Motorboat Racing Act;

A person who is not a racing business entity of the Korean Racing Association shall not engage in any act of causing the enemy to engage in property or property benefits from the racing conducted by the Korean Racing Association, any person shall not engage in any act of causing the enemy to engage in any act of causing a horse racing in Korea or any other act similar thereto in the electronic form of the horse held in a foreign country, and any person who is not a racing business entity of the Korean Racing Association shall not engage in any profit-making activity related to the purchase, arrangement, transfer, etc. of the racing and the winner of the racing, or providing money to those who correctly predict the winner of the racing.

J. K, L, B, etc. conspired to open and operate “M”, which is a private horse, bicycle and motorboat racing website, to divide profits from the operation thereof. From December 20, 2012 to October 19, 2013, K, L, B, etc.: (a) deposited game money equivalent to 110% of the deposit amount from the deposit account posted on the said website, which is held by the Korean Racing Association; (b) deposited the horse racing business headquarters held in the light name, Busan, and Jeju, and Jeju, which is held in the bicycle race track; and (c) deposited the horse racing racing in Japan, which is held in the light name, Busan, and Japan, and the horse racing business headquarters of the Korea Sports Promotion Association; (d) paid a maximum of 10 times the deposit amount to the winners of the racing; and (e) paid the amount of money deposited in cash within the designated limit of 20 million won by the member of the Korea Racing Association; and (e) paid the amount of money deposited within the designated limit of the amount of money deposited.

J et al. operated the above site in the above manner and let members AF conduct the betting in an amount equivalent to KRW 2 million in the betting amount from December 20, 2012 to October 19, 2013, by operating the above site, and allowing members AF to conduct the betting in an amount equivalent to KRW 8,359,56,666 in total from the members of the above site.

As a result, J, L, B et al. acted in collusion with others to pay property or financial benefits to the winners of a horse by causing them to engage in a similar act with regard to the horse racing conducted by a marina society, and let them to engage in a horse racing or similar act in Korea by electronic means of a horse held in a foreign country, and sold betting tickets or similar things in relation to the bicycle and boat racing, or granted money to those who correctly predict the winner of a racing.

In the process, on February 7, 2013, the Defendant produced and posted advertising lots on the above private horse racing, bicycle and motorboat racing sites. On February 7, 2013, the Defendant opened a new bank account under the name of the Defendant and used it to keep and manage the betting amount deposited from members of the high seas to L for the purpose of management, etc., thereby facilitating the operation of the above “M” site, thereby aiding and abetting the above crimes, such as J, K and L.

(g) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

The Defendant, in collusion with J, K, etc., had the intent to pretend the fact of acquisition or disposal of criminal proceeds by selling the money acquired by the Defendant, etc. through the fraudulent act using overseas credit card settlement information in sequentially distributing and remitting it to the borrowed account. The Defendant provided to J, etc. with the Defendant’s account in the name of the Defendant, and the J, etc. distributed and remitted KRW 200 million from the proceeds of disposing of the goods acquired through the crime as set forth in paragraph (1)(A) and (1) to the borrowed account in the name of the Defendant, such as G, etc. from December 13, 2012 to December 26, 2013, 200 million, out of the proceeds of disposing of the goods acquired through the crime as set forth in attached Table 6-1 to 8, as set forth in attached Table 6-1 to 200 million won.

On February 7, 2013, the Defendant, upon the direction of J, withdrawn KRW 72 million, which was deposited in the national bank account in the name of “M” site, as set forth in paragraph 1(f), and transferred the said money to the said weather bank account in the name of the Defendant and the new bank account opened in the name of the Defendant. The J, etc. distributed and remitted the said money to the borrowed name account in the name of AI, AG, etc.

According to the direction of J, the Defendant: (a) around March 22, 2013, at the order of J, transferred KRW 118,300,000,000,000 from the proceeds of the disposal of the goods acquired through the crime as set forth in paragraph (a) (2) of the attached Table 1-3; and (b) around that time, the Defendant distributed and remitted the said money to the account in the name of K K and B, such as the account in the name of K and the account in the name of B.

Accordingly, the Defendant pretended to acquire or dispose of criminal proceeds in collusion with J, K, etc.

2. Defendant B

Defendant recruited to operate “M”, which is a private horse, motorboat, or bicycle racing site, along with J, K, L, etc.

Accordingly, the Defendant provided L with a nominal account, such as AL, AM, N, AO, so that the amount of betting can be deposited from members of the above site.

From December 20, 2012 to October 19, 2013, Defendant et al.: (a) had the members of the “M” website conduct an act similar to that of horse riding voting in relation to the amount of betting amount of total of KRW 8,359,556,66 from deposit through the above borrowed name account; and (b) had them conduct an act similar to that of horse riding voting in relation to the racing conducted by a marina society; and (c) had them conduct an act similar to that of horse riding voting in Korea or other similar act in relation to the bicycle and boat racing held in a foreign country; and (d) issued and sold tickets in relation to the bicycle and boat racing, or granted money to the winner of the winner of the racing.

"2014 Gohap32"

1. Defendant D

J, K, L, B, etc., as seen above, operated “M”, which is a private horse, bicycle and boat racing Internet website from December 20, 2012 to October 19, 2013, and received total amount of KRW 8,359,556,66 from members as betting amount.

In the process, the Defendant withdrawn the money deposited in the betting amount, and deposited it into the J’s financial account directly or by the J’s subordinate’s order, etc., the Defendant would receive KRW 1 million or KRW 1.5 million per month from the J in return for allowing the J to use the money acquired through the operation of the “M” as above.

Accordingly, the Defendant used Kwikset Card and password delivered in advance from J to Kwikset Service, and returned to Kwikset on October 19, 2013, and withdrawn money from the account in the name of AM and Q, etc., the deposit account of the above private horse betting amount. At around 00:49 of the same month, the Defendant deposited KRW 8,4980,000 into the new bank account in the name of C using the cash withdrawal machine located in Samsung Seoul Hospital; around 10, 2013, the Defendant deposited KRW 50,020,000,000,000 in cash withdrawal machine located in the old Financial Center of the new bank from around 36, 2013 to the new bank account from around 13, 201 to 13,500,000,000,000 won in its own name.

As a result, the Defendant, by facilitating the operation of the “M” site, aided and abetting the violation of the Korean Racing Association Act by J, K, L, B, etc., and the violation of the Bicycle and Motorboat Racing Act, and conspired with J, etc., to withdraw and deposit criminal proceeds from the operation of the “M” site, thereby pretending that the Defendant acquired or disposed of criminal proceeds, etc.

2. Defendant C and D’s joint criminal justice was under flight due to the suspicion of the fraud of purchase of Internet shopping mall using overseas credit card payment information and the crime committed on the Internet site such as M’s private light horse, etc.

Defendant C knew on October 21, 2013 that the above J was under way to escape by discovering and diving the police around AR Apartment 1709 at AR apartment at the Namyang-si, Namyang-si, Gyeonggi-si, 18:00 on October 21, 2013, upon receipt of a request from the J that “the police would find and have avoided the police, make contact only with the cell phone (large phone) sent through D, and request to send clothes and both horses,” and around 16:00 on October 22, 2013, at the Dong office in Chungcheongnam-gu, Chungcheongnam-si, Nam-si, the Defendant C sent 7 million won, clothes, and two horses to Defendant D through Defendant C’s mother, and around 18:00 on the same day, Defendant D sent it to the New Saemaeul market located in Songpa-gu, Seoul.

As above, the Defendants, upon receipt of the request from J as to contact, found the police vehicle's 'Sex' from the potential J to damage the police tracking, discovered the vehicle AV Cost World in the AU B located in Nam-si, Namyang-si, and notified the J of the fact by using the Defendant D's largephone (AW) to find out the vehicle AV Cost World of the police vehicle, which was divingd to arrest the J, as it was in accordance with the direction of JJ, by misunderstanding that B withdrawn from the account in the name of the wife AT located in B where the operating revenue of the M was deposited to have been withdrawn from KRW 50 million without permission.

As a result, the Defendants conspired to commit a crime corresponding to a fine or heavier punishment so that they escape.

Summary of Evidence

1. Defendant B, C, and D’s respective legal statements, and Defendant A’s partial legal statements

1. Partial suspect examination protocol of Defendant A by the prosecution;

1. A copy of each protocol of examination of police officers against R, AH, U, and X;

1. Each police statement made to AT, AY, AZ, BA, AF, BB, BC, BD, 0, and AJ;

1. Each seizure record, each investigation report, internal investigation report (including each accompanying document), and data on account tracking execution;

1. Previous records of judgment: Criminal records, investigation reports (suspect A's previous records and attachment of judgment), personal identification and confinement status;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1), Article 30 (1), Article 347(1), Article 347(1), and Article 347(1) and Article 30 (1) of the Criminal Act, Article 352 of the Criminal Act, Article 347(1), and Article 30 (1) and Article 30 of the Criminal Act, Article 70 (1)6 of the Specialized Credit Financial Business Act, Article 30 (1) of the Criminal Act, Article 30 (1) of the Criminal Act, Article 61(1)4 (a) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1), Article 30 (1), Article 30 (1) of the Criminal Act, Article 50 subparagraph 1, Article 48(2)1, and Article 38(3) of the Korean Racing Association Act, Article 2 of the Korean Racing Act, or any similar provision of Article 31 of the Criminal Act concerning the racing Act

(b) Defendant B: Article 50 subparagraph 1 of the Korean Racing Association Act, Article 48 (2) 1 and (3) 2 of the Criminal Act, Article 30 of the Criminal Act (including the fact that the Korean Racing Association has paid property or property benefits to the enemy and has had another person do the act of riding or similar to that of a horse held in a foreign country by causing another person to commit an act similar to the horse riding voting in relation to the racing conducted by the Korean Racing Association, and has another person do so); Articles 27 (1) 1 and 24 of the Bicycle and Motorboat Racing Act; Articles 30 of the Criminal Act (including the fact that the Korean Racing Association sold tickets or similar to those of a winner of a winner of a winner of a racing);

C. Defendant C: Articles 151(1) and 30 of the Criminal Act

(d) Defendant D: Article 50 subparagraph 1 of the Korean Racing Association Act, Article 48 (2) subparagraph 1 and Article 48 (3) 2 of the same Act, Article 32 (1) of the Criminal Act (including aiding and abetting the enemy to pay property or property benefits and to have another person do an act similar to a horse racing held in a foreign country by causing the enemy to conduct an act similar to a horse racing, with respect to the racing conducted by the Korean Racing Association), Article 27 (1) 1 and 24 of the Bicycle and Motorboat Racing Act, Article 32 (1) of the Criminal Act (including aiding and abetting the sale of tickets or similar tickets in relation to bicycle and motorboat racing or to provide money to the winner of the racing), Article 32 (1) 1 of the Criminal Act, Article 30 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 151 (1) and Article 30 (1) of the Criminal Act (a) of the Criminal Act)

1. Commercial competition;

Defendant D: Articles 40 and 50 of the Criminal Act (the crime of aiding and abetting the Violation of the Korean Racing Act, the crime of aiding and abetting the Violation of the Bicycle and Motorboat Racing Act, the crime of aiding and abetting the Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and the punishment provided for the crime of aiding and abetting the Violation of the Korean Racing Act

1. Selection of punishment;

Criminal fraud, attempted fraud, violation of the Specialized Credit Financial Business Act, violation of the Act on the Control of Narcotics, etc., violation of the Korean Racing Association Act, violation of the Korean Racing Association Act, each violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, violation of the Bicycle and Motorboat Racing Act, violation of the Bicycle and Motorboat Racing Act, violation of the Bicycle and Motorboat Racing Act, and violation of the bicycle and Motorboat

1. Aggravation for repeated crimes;

Defendant A: Article 35 of the Criminal Act (Provided, That the proviso of Article 42 of the Criminal Act shall apply to each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)

1. Statutory mitigation;

(a) Defendant A: Articles 32(2) and 55(1)3 of the Criminal Act (as to accessories, offenses of aiding and abetting in violation of the Korean Racing Act, and offenses of aiding and abetting in violation of the Bicycle and Motorboat Racing Act);

B. Defendant D: Articles 32(2) and 55(1)3 of the Criminal Act (as to accessories and offenses of aiding and abetting violation of the Korean Racing Association Act)

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act, which are provided for in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Korea Victims, the most severe punishment

(b) Defendant B: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in a violation of the Korean Marina Act heavier than punishment);

1. Suspension of execution;

Defendant B, C, and D: each of the favorable circumstances described below Article 62(1) and (2) of the Criminal Code

1. Confiscation;

(a) Defendant A: Article 48(1)1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

B. Defendant B and D: Article 48(1)1 and 2 of the Criminal Code

C. Defendant C: Article 48(1)1 of the Criminal Act

1. Additional collection:

A. Defendant A: Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment, the proviso of Article 67 of the Narcotics Control Act (a) (a prosecutor is seeking to collect a penalty of KRW 9 million from Defendant A, but the remuneration that Defendant A received in return for committing a crime from J appears to have been merely KRW 8 million, and thus, the amount of the said remuneration shall be additionally collected as ordered by adding the value of the hemp smoked by Defendant A to the above remuneration amount of KRW 100,000.

(b) Defendant B: Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

Judgment on the Defendant and defense counsel's argument

Defendant A’s defense counsel asserts to the effect that Defendant A did not take part in the crime of fraud against the victim’s Map, such as J and K, but considering the following circumstances acknowledged by the aforementioned evidence, it is reasonable to view that Defendant A conspired with J and K, etc. to commit the crime of fraud against the victim’s Map, as well as the remaining crime of fraud, and thus, Defendant A’s defense counsel’s aforementioned assertion is rejected.

① J은 중국 윈난성 쿤밍시, 같은 성(省) 취징시, 광둥성 광저우시 등 소재 각 사무실에서 해외 신용카드 결제정보를 이용한 사기와 사설 경마, 경륜, 경정 사이트 운영 등 이 사건 전체 범행을 기획 · 총괄하였다.

② According to the direction of J, K took the role of acquiring overseas credit card settlement information and receiving and disposing of goods ordered by fraud in Korea; L plays the role of controlling private horse racing, bicycle and motorboat racing sites; Defendant B provided borrowed account necessary for the management and operation of the above site; Defendant A performs the role of ordering and settling goods using overseas credit card settlement information.

Defendant A was able to have long resided in Hong Kong in English and Chinese language, and even among Chinese language, Defendant A was also able to have a significant difference between the Chinese standard language and the Chinese language as a free material. The J resolved a verbal problem while entering China at all times in planning and implementing each of the crimes of this case in China.

④ Defendant A, who was carried out in the ground of the instant crime, as a general responsibility for each of the instant crimes, appears to have carried out the duties of the J beyond simply resolving language problems by obtaining the belief of the J. For instance, Defendant A, who was in charge of receiving and disposing of ordered products in the Republic of Korea, disputed with the J, and delivered the money to the J on February 7, 2013, in order to suspend payment of the account deposited with the disposal price of the goods acquired through fraudulent conduct on February 4, 2013, in order to suspend payment of the account deposited with the J, which was directed by the J on February 7, 2013.

⑤ J 등은 2012. 12. 9.경부터 2012. 12. 24.경까지 중국 윈난성 쿤밍시 소재 사무실에서 피해자 한국조폐공사에 대하여 해외 신용카드 결제정보를 이용하여 물품을 주문하고 결제하는 방법으로 사기범행을 하였고, 2012. 12. 20.경부터 2013. 10. 19.경까지 같은 성(省) 취징시 소재 사무실에서 "M" 사설 경마, 경륜, 경정 사이트를 이용한 한국마사회법위반 및 경륜·경정법위반의 범행을 하였다.

④ On March 15, 2013, J moved from the early 2013 to the office located in the Chinese luminous low-income bracket (see, e.g., Investigation Records 2,117). From March 5, 2013 to March 19, 2013, J, etc. committed fraud by ordering and settling the victim’s post office or shopping mall using overseas credit card settlement information with respect to the victim’s post office or shopping mall.

7) The crime of fraud against the victim’s above-line is one of the crimes committed continuously for a certain period, as well as the crime committed by using the bicycle racing and motorboat racing sites for the rest of the victims. Defendant A was in a position where the daily day of J was based on the overall command of the above criminal organization, and the information on various crimes planned and implemented by J was more easily known. Defendant A recognized the fact of participation in the crime of fraud against the victim’s post office shopping mall where the crime period significantly overlaps with the criminal period.

Reasons for sentencing

1. Defendant A

(a) The scope of punishment by sentence: Imprisonment for not less than three years but not more than 50 years;

(b) Scope of recommendations based on the sentencing criteria;

1. Class 1 crime: Each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and attempted fraud;

[Determination of type] Fraud, organized fraud, and Type 3 (the amount of profit is not less than 500 million won but less than 5 billion won) 1

[Special Escopics] Reductions - Simples

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment of not less than two years but not more than five years;

2. Second offense: the offense of violation of the Act on the Control of Narcotics, etc. ( marijuana); and

[Determination of Types] Narcotics, Medications, Simple Possessions, etc., Two Types (marijus, psychotropics, item (d) and (e), etc.)

[Special Aggravationd Persons] Aggravationd - previous department (a suspended sentence of not more than three years)

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Imprisonment of not less than 10 months but not more than 2 years;

3) Final scope of sentence

The result of multiple crimes (the first crime maximum + the second crime maximum + the second crime maximum 1/2): The final sentence range revised according to the standards for processing multiple crimes: the crime of violation of the Specialized Credit Finance Business Act for which the guidelines for sentencing have not been set for more than two years, the crime of aiding and abetting the violation of the Korean Racing Act, the crime of aiding and abetting the violation of the Bicycle and Motorboat Racing Act, and the crime of violating the Act on Regulation and Punishment of Criminal Proceeds Concealment, each of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the crime of fraud, the crime of attempted fraud, the crime of violating the Act on the Control of Narcotics, etc. (mariana) and the crime of violating the former part of Article 37 of the Criminal Act. Therefore

(c) Determination of sentence;

Defendant A’s main part of the crime of this case in collusion with J, K, etc. for the purpose of ordering and settling goods equivalent to approximately KRW 1.1 billion in the market price at the Internet shopping mall operated by the Korea Minting Corporation, the post office shopping mall, and the above mail library, deceiving the above victims by using other person’s credit card settlement information, and receiving the pertinent goods from the above victims, and aiding and abetting the above site users to receive a large amount of betting amount of KRW 8.3 billion from the above site users by operating the private horse, the bicycle and motorboat racing site called “M”, and aiding and abetting them to receive a large amount of betting amount of KRW 8.3 billion from the above site users. Furthermore, in light of the law and content of the crime, the crime of this case was committed, and it was extremely poor in view of the fact that Defendant A did not play a leading role in the organization of the crime of marijuana, but it appears that Defendant A did not have been sentenced to a large amount of punishment for the crime of violation of the Act of Narcotics, etc., and thus, Defendant A did not perform its major duties within 14 years.

However, the sentencing factors and sentencing criteria as shown in the argument of this case, including the fact that Defendant A confessions most of the crimes of this case and reflects them, and the age, character and conduct, home environment, and circumstances after the crimes, shall be comprehensively considered.

2. The crime committed by Defendant B, C, and D Defendant B committed in collusion with J, etc. is likely to undermine the awareness of sound labor by promoting an excessive speculative spirit, and thereby undermining social harm, as well as the horse racing conducted by the Korean Racing Association, the bicycle and motorboat racing conducted by the Korea Sports Promotion Foundation, and the horse racing and motorboat implemented in Japan, which is executed in Japan, in real time, and the amount of betting amount of KRW 8.3 billion cannot be deemed to be less severe. Defendant C and D intentionally deceiving the police among the critical circumstances where they could arrest J and escape from J, which is the total responsibility of the entire crime of this case, and the result is not yet arrested. Furthermore, Defendant D should be punished in light of the following: (a) distributed and remitted the proceeds of the operation of the above site to the borrowed account directed by J, and aiding and abetting the proceeds of the operation of the above site; and (b) Defendant C and D should also be punished.

However, Defendant B, C, and D have led to the confession and reflect of all crimes, Defendant B, C, and D without any particular criminal record except several times of fine, Defendant B, and D’s participation in the operation of a private horse racing, bicycle racing, and motorboat racing site is relatively minor. In the case of Defendant C, Defendant C had a marital relationship under the premise of marriage with J at the time of the instant crime. As such, there are reasons for considering the motive for the crime. Moreover, all of the sentencing factors as shown in the instant argument, including Defendant B, C, and D’s age, character and conduct, home environment, and circumstances after the instant crime, etc., and sentencing guidelines as set forth in the text of the disposition shall be comprehensively considered.

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

Freeboard of the presiding judge;

Judges Park Il-young

Judges Kim Gin-han

(i) Determination of the type by summing up the amount of profit of each of the above crimes, because it is a single and several crimes;