2020 highest 2761 A. Computer, etc. fraud

(b) Quasi-Fraud;

(c) A criminal escape;

(d) Acquisition of goods by occupational negligence;

1.(a)(b) South Korea, 99. Singing and singing.

Residential Ulsan-gu

2.(b)(c) South Korea 88. Singing and singing.

Residential Ulsan-gu

3.(a)(b) Over 83.Sing-in-sing-in-sing-in-sing-in-sing-in-sing

Residential Ulsan-gu

4.(b)An employee South 91. Singes and singing

Residential Ulsan Northern-gu

5.(a)(b) South Korea 97.Sing and singing workers;

Residential Ulsan-gu

6. (d) South 76.Franchisa, operation of the pawned Hall;

Residential Ulsan-gu

Senior Superintendent General, and a judge at a court;

Attorney Kim* (Defendant Kim Il, Lee Il-ju)

Attorney Soh* (Korean War for the Republic of Korea for the Republic of Korea)

Attorney Cho* (for the defendant Kim Jong-il)

December 24, 2020

1. Defendant Kim Il-ju, Lee Il-ju, and Jeju-ju Defendants shall be punished by imprisonment for not less than one year and six months.

However, with respect to the defendant Kim Il-ju and Lee Dong-ju, the execution of each of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

2. The former and the former and the latter are punished by a fine of KRW 2 million and a fine of KRW 3 million. In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the former and the latter are converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

3. Defendant Kim Jeon-il is punished by a fine of three million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Of the facts charged against the defendant, the defendant's acquisition of goods by occupational negligence No. 1 and No. 2 of the attached Table 7 of the List of Crimes shall be acquitted, respectively.

Criminal History Office

On August 19, 2020, the owner of the defendant's right was sentenced to a suspended sentence of three years in the year and June of imprisonment with prison labor for special larceny, etc. at the Ulsan District Court on August 19, 202, and the judgment became final and conclusive on August 27, 2020.

【Basic Facts - The invitation of Defendant Kim Il-ju to commit the crime against the players of entertainment establishments - The main business of "Weak-ju's singing store located in the Nam-gu, Ulsan." The business of "Haak-ro, the second floor of the defendant's birth," and the defendant's right to do so. The defendant Kim Il-ju, who is the defendant Kim Il-ju, worked for a separate establishment from the time when he worked as an employee in his singing room to the day when he operated a separate establishment.

Defendant Labor Union is an employee of 'O' singing in the above king, Defendant Kim Jong-sung is an employee of the above 'O' singing, and Defendant Kim Jong-sung is an employee of the above 'O'. The above 'O', 'O', 'O', 'O', 'O', 'O', 'O' is an adjacent main store that faces or is located in near the 'Yeng-Mtt (Gu, Manton)', which is an area where entertainment establishments are located in Ulsan in a place where entertainment establishments are located in Ulsan, and the Defendants demanded the customers who find the mixed singing by drinking to pay the drinking value in cash, and the card was issued, and the password was identified, and the customers transferred it to each other, using the circumstances where it is difficult for them to make a normal decision by drinking and making a normal decision, and made them to repeatedly pay the amount under the influence of drinking value and the balance, and to make customers to go off the credit card and cash transfer to customers who lose their mental cre.

【Criminal Facts Related to Operation of Amusement tavern】

1. Crimes committed against the victim's life;

A. The Defendant’s former position at the Defendant’s former position and the former position at the Defendant’s former position came out of the street in the same singing room, along with the latter’s employees at the same singing room, and was urged to receive cash in the name of the price or the balance, by inducing the latter to repeatedly order the latter by singing “○○” and repeatedly order the latter.

On September 28, 2019, Defendant Labor Union (hereinafter “Defendant Labor Union”) took advantage of the circumstances that it is difficult for the victim to make a normal decision by drinking the victim’s injury in the singing room at around 02:20 on September 28, 2019, by taking advantage of the fact that it is difficult for the victim to make a normal decision, it is the victim’s pre-paid value 350,000 won. Defendant Labor Union (hereinafter “CGS25” to withdraw cash if the card is given and the number is known) and obtained a new card (*79-**************) with a password from the victim, and then withdrawn KRW 350,00 from the cash payment machine of convenience store in singing machines at around 35 times on the same day as indicated in attached Table 1(1) through (5) and received it under the name of the victim. Accordingly, Defendant Labor Union in collusion with the victim and received the total amount of KRW 1,450,000.

B. Around September 28, 2019, Defendant Lee Il-ju, Defendant Kim Jong-tae, and Defendant Lee Dong-ju found the damage from the victim's inside of the street by drinking at 05:10 on September 28, 2019, and attempted to receive cash from the victim under the pretext of the price or the balance sheet by leading the victim to repeatedly order the victim's singing and his own singing in order to work at 05:10 on September 28, 201, by using the circumstances that it is difficult for the victim to make a normal decision by drinkinging only and making a payment in advance at 0:40,000 won, and then withdrawing the victim's secret number from 0:00 to 40:50 on September 28, 2019 with the victim's secret number * 10:00 on May 29, 201, after receiving the victim's secret number from 30:00 to 40,000.

2. Crimes against the victim Kim Visits;

A. On December 25, 2019, the victim Kim Il-ju, Lee Il-ju, Lee Il-ju, defendant Kim Il-ju, defendant Lee Il-ju, and Lee Lee Dong-ju visited the victim's 's singing room' alone. The defendant's right was offered to receive cash in the name of the price or the statement preserving the victim by inducing the victim to repeatedly issue an order. On December 26, 2019, the victim's right was issued 0-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-6-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-10-7-7-7-7-7-10-7-7-7-7-7-10-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7-7.

B. On December 26, 2019, Defendant Kim Il-ju, Lee Il-ju, Lee Jong-ju, and Kim Il-ju entered the card loan through the cash withdrawal machine of the victim Kim Jong-sung, and then recruited to withdraw it to the bank account of the victim. On December 17, 2019, Defendant Kim Il-ju entered the card loan with the victim's personal information and the card password and the identification number known in advance in the credit card app, entered the loan application form into one of the bank account of the victim, 300,000,000,000,000,000 won, and 300,000,000,000 won, and 200,000,000,000 won, and 30,000,000,000,000 won, and 30,000,000,000 won, 20,000,000.

As a result, the Defendants conspired to obtain property benefits of KRW 21,500,000 through eight times in total.

3. Crimes against the misunderstanding of the victim - Defendant Kim Il-ju, Defendant Jeon-ju’s computer-based fraud

At around 06:30 on January 1, 2020, Defendant Kim Il-ju and Taju found the victim's understanding from the instant "○○○○○" singing, "one week" singing, and conspired to transfer money to the Defendants using the victim's physical card. At around 06:48 on the same day, the Defendant's right holder took the victim by singing "the above", and then, '00 "the physical card number of the victim was sent to Kim Il-il with text messages, and '0 days was sent to the victim', '0 days was sent to the victim', '6 days was sent to the defendant Kim Il-il', '6 days was sent to the victim', '6 days was sent to the victim', '6 days was sent to the victim', * 0 days was sent to the victim's * 0 days', * 00 days was sent to the victim's * 60 days's own interest * 60 days was put to the victim's own ** 5 days was given * *60 days was given * *6 days.

4. The crime against the victim's local date (one) - The victim's interest, the victim's interest, the defendant's interest, the defendant's interest, the defendant's interest, and the defendant's interest, around 02:0 on Jan. 14, 2020, the victim's local date was under the influence of alcohol, leading the victim to repeatedly issue an order, thereby allowing the victim to receive cash in the name of payment or preserving the balance. The defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the defendant's interest, the victim's interest, the victim's interest, the victim's interest, and the victim's interest, the victim's interest, the victim's interest, and the victim's interest, the victim's interest, the victim's interest at 0:00 billion won, and the victim's interest, the victim's interest, the victim's interest, 100:0.

5. Crimes against the victim Kim Jong-chul;

A. Quasi-Fraud of the Defendant’s objection

On February 5, 2020, at around 07:20 on February 5, 2020, the Defendant: (a) visited the victim Kim Jong-ri, who was under the influence of alcohol, alone, in order to repeatedly order the victim with low-priced alcohol; and (b) decided that the Defendant would receive cash in the name of the price or the statement preserving, etc.

At around 07:52 on the same day, the Defendant: (a) took advantage of the circumstances that it is difficult for the victim to make a normal decision by drinking alcohol in a singing room; (b) 600,000 won is pre-paid for the victim; (c) the Defendant opened and settled a physical card with the card password, and then withdrawn 300,000 won from the cash delivery machine in the vicinity of a singing room at that time; and (d) obtained a delivery of KRW 1,90,000 from the cash payment machine at seven times on the same day as specified in paragraphs (1) through (7) of attached Table 5 of the List of Crimes. Accordingly, the Defendant received KRW 1,90,000 from the victim by taking advantage of the mental and physical condition of the victim seven times in total, and by taking advantage of the mental and physical condition of the victim.

B. On February 5, 2020, Defendant Kim Il-il: (a) around 10:00, Defendant Kim Il-il sent to Lee Jong-il with the communication that he had a customer who 's drinking from Lee Il-ju' and sells drinking, and changed theme (fee). The communication that she repeatedly orders the victim Kim Il-ri to receive cash in the name of the price or the preserving money, etc.; (b) he sent 200,000 won to Lee Il-il and sent 30,000 won to 30,000 won to 50,000 won to 10,000 won to 30,000 won to 10,000 won to 30,000 won to 10,000 won to 30,000,000 won to 10,000 won to 30,000,000 won to 10,000,000 won to 30,000.

6. Crimes against the victim, the deceased, or the deceased;

A. At around 16:00 on February 14, 2020, the right holder of the Defendant’s charge of quasi-Fraud: (a) found the victim Kim Jong-ri’s singing out the “solitary” singing; and (b) withdrawn cash from the card issued by the victim of only the withdrawal and decided to receive the existing credit claim.

The Defendant, at around 18:19 the same day, took advantage of the circumstances that it is difficult for the Defendant to make a normal decision due to the drunk drinking of the victim Kim Insing at the above singing room, issued the said card to Lee Won-won and Lee Jong-il, together with the password prior to being known to the victim, and delivered the said card to the female employee Lee Il-won and Lee Il-il (tentative name). The Defendant then released KRW 1,00,000 from the cash payment machine and settled three times from the cash payment machine at around that time, and then received KRW 3,00,000 from the cash payment machine at three times on the same day as described in paragraphs (1) through (3) of the attached Table 6 of the crime sight list. The Defendant used the victim’s mental and physical condition and received KRW 3,00,000 from the victim under the pretext of the drinking value. The Defendant received the said card by taking advantage of the victim’s mental and physical condition.

B. Fraud by using the Defendant’s authorized third party computer, etc.

The defendant Triju decided to transfer money to the account in which the defendant uses the cash card of the female employee, the victim Kim Jong-so who was returned from this third day.

On February 14, 2020, the Defendant entered illegal information without authority, such as the password and transfer amount of KRW 3 million, which was known in advance by using the victim's physical card at the convenience store near Sing Singing 18:54 on February 14, 2020, and transferred KRW 5,300,000 from the victim's account to the victim's bank account (name 33**********) in the victim's account, and transferred KRW 3,00,00 on two occasions on the same day as stated in paragraphs 4 through 5 of attached Table 6.

Accordingly, the Defendant acquired the pecuniary benefits of KRW 5,300,000 through a total of two occasions. Defendant’s competent third-party fraud.

The Defendant released cash from the card of the victim and decided to receive the existing credit credits by taking advantage of the gaps in which the victim Kim Jong-so was under the influence of alcohol.

At around 18:45 on February 14, 2020, the Defendant: (a) withdrawn KRW 1,500,000 from the cash payment period at 4 times on the same day as indicated in the attached Table 6(6) through (9) of the crime sight table; (b) received KRW 1,900,000 from the cash payment period at 1,50,000 on two occasions using a check card held by the victim at the cash withdrawal period in Ulsan-gu New Bank, Ulsan-gu, Ulsan-gu, Seoul-do; and (c) received the payment under the pretext of the alcohol value. Accordingly, the Defendant received KRW 1,90,000 from the victim by taking advantage of the mental and physical condition of

【Operation of Amusement taverns and Individual Crime】

7. The crime of acquiring stolen property by occupational negligence in the defendant Kim Jeon-il (attached Form 7 No. 3)

피고인은 2015년경부터 현재까지 울산 남구 '울산 ■■ 전당포 대부'라는 상호로 전당포 영업을 하는 사람으로서, 2018. 4. 26. 울산지방법원에서 장물취득죄로 처벌받은 경험이 있으며, 전당포 영업에 종사하는 자라면 금제품을 판매하고자 하는 사람들이 가져온 금제품의 취득경위, 매도의 동기 및 거래시세에 적합한 가격을 요구하는 등을 잘 살펴 장물 여부를 확인하여야 할 업무상 주의의무가 있음을 알고 있었다.

Nevertheless, the Defendant neglected this and received 'the purchase of the money by another person' from the competent third party around February 5, 2020.' However, on or around February 8, 2020, the Defendant borrowed KRW 1,000,000 from the competent third party, and then again purchased the above selling wastes in KRW 1,40,000 from the competent third party on or around February 13, 202.

Accordingly, the defendant acquired stolen goods through occupational negligence.

8. The defendant's escape from the crime of immigration;

피고인은 ##@####호 K3 승용차를 △△렌트카로부터 임차하여 운행하는 사람으

On February 5, 2020, at around 14:07, after receiving the request from the competent Triju to lend the said vehicle to the gambling workers, and at around 14:40 on the same day, the said vehicle was handed over to the gambling workers at Ulsan-gu, Ulsan-gu, and at around 2.6K on the front of the "Tridong-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, a traffic accident occurred while driving approximately 2.6K at around 14:40 on the same day.

On February 6, 2020, the defendant thought that he would be subject to aggravated punishment as a driving day without a driver's license from a stuffed post on February 6, 2020, with the request of 'Walman who drives on behalf of others' or 'Walman who drives on behalf of others'.

On February 19, 2020, the Defendant made a false statement on February 19, 202 that he driven the said car at the office of the traffic investigation team office in the Ulsan Central Police Station via the Ulsan Central Police Station through the Ulsan Central Police Station through the Ulsan Central Police Station through the 620-ro, Ulsan Central Police Station, and the situation leading up to investigating the said traffic accident. Accordingly, the Defendant had a person who committed a crime corresponding to a fine or heavier punishment escape.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant legal provisions and the choice of punishment against the crime are as follows: Defendant Kim Il-ju and Jeju: Articles 347-2 and 30 of the Criminal Act; Articles 348 (1) and 30 of the Criminal Act; Articles 348 (1) and 30 of the Criminal Act; the choice of imprisonment with prison labor;

○ Interest by Defendant: Articles 347-2 and 30 of the Criminal Act, Articles 348(1) and 30 of the Criminal Act, Article 151(1) of the Criminal Act, Article 151(1) of the Criminal Act, Article 348(1) and 30 of the Criminal Act, Article 348(1) of the Criminal Act, Article 348(1) and Article 30 of the Criminal Act, the selection of fines

○ Defendant Kim Jong-tae: Articles 347-2 and 30 of the Criminal Act (the point of fraud by use of computers, etc.), Articles 348(1) and 30 of the Criminal Act (the point of fraud), the choice of fines, respectively.

○ Defendant Kim Jeon-il: Articles 364 and 362(1) of the Criminal Act; selection of fines

1. Handling concurrent crimes;

Defendant Republic of Korea: latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant Kim Il-ju, Lee Il-ju, Lee Jong-ju, Lee Jong-ju, and Kim Jong-tae: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Kim Il-ju, Lee Dong-ju: Article 62(1) of the Criminal Act

1. Order of provisional payment;

Defendant Jeon Labor-Management, Kim Jong-il, and Kim Jong-il: The punishment as ordered shall be determined by taking into consideration all the circumstances shown in the records, such as the following circumstances, the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the age, character and conduct, environment, and the circumstances after the crime.

1. Defendant Kim Il-ju

○ Unfavorable Normals: The fact that the damage is not sufficiently recovered, and most of the frauds for the damage is used as gambling funds.

The favorable circumstances of ○○: The fact that one’s mistake is recognized and reflected, in the case of a crime against a victim’s Kim Visits, the authorized third party has performed his role in the crime, and most of the acquired amount belongs to the authorized third party, and the defendant has agreed with the victim’s Kim Visits, Kim Jong-chul, and the defendant has paid 5 million won to the victim, and there is no criminal record exceeding the fine.

2. Emigration by the defendant

○ Unfavorable Circumstances: The injury has not been sufficiently recovered.

○ favorable circumstances: The fact that one's mistake is recognized and against himself, in the case of a crime of victim Kim Visits, the authorized third party has performed his role in the crime, and most of the acquired money belongs to the authorized third party, the fact that most of the acquired money belongs to the district of the victim, the fact that the local government of the victim, the Kim Jong-ri and the primary crime is

3. The defendant's title.

The amount of damage is a large amount, but the damage is not recovered properly, in the case of the crime of the victim Kim Visits, the defendant led the defendant, acquired most of the acquired amount by fraud, and most of the acquired amount by fraud of the victim is used as gambling funds.

The favorable circumstances for ○○: The fact that one’s mistake is recognized and reflected, that the victim Kim-Visits, Kim Woo, and the fact that the agreement was reached smoothly with the local government, that there was no criminal record exceeding the previous and fine until before the crime of this case was committed, and that there is a need to consider equity with the case of a judgment at the same time with the special

4. The fact that the Defendants were found to have been guilty and against his mistake, the degree of the Defendants’ participation, the amount of damage, the previous case and the fact that there were no previous criminal records exceeding the amount of fine

5. The crime committed during the period of suspension of execution due to the same crime committed by Defendant Kim Jeon-il, but the crime of this case was asked from the competent third party about whether the Defendant would purchase gold products with another person's credit card three days prior to his default. Thus, even though the gold scrap, which the competent third party possessed, could be sufficiently suspected of being purchased with another person's credit card, it was not verified as to the source of the gold scrap and its possession, and it is not significant to the degree of violation of the duty of due diligence, since it was not verified as to whether it is stolen or not, it is not significant to the extent of violation of the duty of due diligence. The stolen goods acquired by the Defendant are only one gold scrap, and it seems that there is no significant profit from the transaction according to market price.

The acquittal portion

1. Summary of the facts charged - The crime of acquiring goods through occupational negligence of the defendant Kim Jeon-il [Attachment 7 No. 1, 2]

피고인은 2015년경부터 현재까지 울산 남구 '울산 ■■ 전당포 대부'라는 상호로 전당포 영업을 하는 사람으로서, 2018. 4. 26. 울산지방법원에서 장물취득죄로 처벌받은 경험이 있으며, 전당포 영업에 종사하는 자라면 금제품을 판매하고자 하는 사람들이 가져온 금제품의 취득경위, 매도의 동기 및 거래시세에 적합한 가격을 요구하는 등을 잘 살펴 장물 여부를 확인하여야 할 업무상 주의의무가 있음을 알고 있었다.

그럼에도 피고인은 이를 게을리 한 채 2020. 2. 7.경 위 '울산 ■■ 전당포 대부'에서 박래직으로부터 그가 편취한 금 4.1돈 상당 18k 반지 1개를 저당물로 받으면서 400,000원을 대여하고, 같은 달 8.경 박래직으로부터 그가 편취한 18k 목걸이 9.68돈, 18k 팔찌 10.3돈을 저당물로 받으면서 2,400,000원을 대여하고, 같은 달 12.경 박래직으로부터 다시 위 반지, 목걸이, 팔찌를 합계 3,580,000원에 구입하였다. 이로써 피고인은 업무상과실로 장물을 취득하였다.

2. Determination

A. Even if a person operating a bank has gone through the process of identification of a seller in purchasing precious metals, there are special circumstances to suspect whether it is a stolen or not, or if he has acquired it by neglecting his knowledge of the nature and kind of the purchased goods, the identity of the seller, etc. even though he could have known that it is a stolen, the crime of acquiring stolen goods by occupational negligence shall be established. Whether there are special circumstances to suspect whether it is a stolen or not, or whether it can be known whether it is a stolen or not, shall be determined by taking into account all the circumstances, such as personal information and status of the seller, the nature and type of the goods, the objective relation between the seller and the seller, and the speech and behavior of the seller (see, e.g., Supreme Court Decision 2003Do348, Apr. 25, 2003).

B. However, the evidence submitted by the prosecutor alone is that the defendant either received gold products from stuffed workers as collateral, or purchased them, there are special circumstances to suspect whether the gold products were stolen or stolen, or that the defendant neglected to exercise his duty of care in the course of performing his duties, and there is no other sufficient evidence to acknowledge otherwise.

3. Conclusion

Thus, this part of the facts charged against Defendant Kim Jong-il constitutes a case where there is no proof of crime, and thus, the acquittal is pronounced in accordance with the latter part of Article 325 of the Criminal Procedure Act and the public notice of acquittal is not made in accordance with the proviso of Article 58(2)

Judges Kim Jae-hwan

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.