logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
집행유예
(영문) 울산지방법원 2015.4.1.선고 2014고단2444 판결
2014고단2444,(병합)사기
Cases

2014 Highest 2444, 2015 Highest 66 (Consolidation) Fraud

Defendant

1. A (81 years, remaining) and non-official titles;

2. B (84 years, remaining) , and non-permanent,

c. C (80 years, remaining) and non-permanent

4.D (80 years, remaining) and non-permanent,

5. E (90 years, South Korea), and non-permanent.

6. F (71 years, inn), free of office;

7. G (85 years, inn), free of office;

8. H (83 years, remaining) and sale business;

9. I (89, South Korea), and non-permanent,

10. J (90,00) and non-permanent office

11.K (80,00) and non-permanent office

12. L (87 years, inn) L, free from office

13. M (90,00) M, non-permanent,

14.N (85 years, South Korea), free of duty

Prosecutor

Maternity (Lawsuits) and Kim Customs (Trial)

Defense Counsel

Law Firm Accompanying (private ships for Defendant A)

Attorney Full-time in charge

Attorney Park Gyeong-chul (Apon for Defendant B)

Attorneys Man-kick (private ships for Defendant L)

Imposition of Judgment

April 1, 2015

Text

Defendant A and B 4 years of imprisonment, Defendant C 6 months of imprisonment, Defendant D 4 months of imprisonment, Defendant E;

F, G, H, I, J, K, L, M, N shall be punished by imprisonment for four months.

Defendant E, F, G, H, I, J, K, L, M, and N for one year from the date this judgment became final and conclusive, each of the above-mentioned against Defendant E, F, G, H, I, J, K, L, M, and N

The execution of penalty shall be suspended.

Reasons

Criminal facts

“2014 Highest 2444

Defendant A conspiredd to commit a telephone loan fraud (hereinafter referred to as “one-time license”), together with ○○○, Ga○, Defendant B, C, D, E, G, H, L, N, K, M, I, and J (hereinafter referred to as “the Chapter”).

Accordingly, on October 2013, Defendant A and Defendant B served as the second floor of the building located on 726-lane, Nam-gu, Daegu-dong circulation; the second floor of the building located on 40-lane, Nam-gu, Daegu-gu, Daegu-gu, and the second floor of the building located on 2nd floor, the second floor of the building located on 35-gil, Seo-gu, Daegu-gu, and the second floor of the building located on 357-lane, the first floor of the building located on 357-gil, Seo-gu, Seo-gu, Daegu-gu, in order to rent money from the victims to the victims of the Internet; the victim's phone transfer of money from the victim to the victims of the Internet; the victim's phone number from the victim's loan to the victim's bank; and the victim's withdrawal of the loan money from the victim's new account; the victim's loan money to the victim's e-mail will be opened; the victim's e-mail will be opened.

On December 17, 2013, Defendant A, in collusion with Section ○○, etc., sent a telephone to the victim Red○○○ on the second floor of the building on the 40-gil-dong, Nam-gu, Daegu-gu, Daegu-ro, 00, and then “The National Bank Call Center electric-ro c. 3.5% of the interest rate 3.5% of the interest rate shall be set up. In order to create the Mapo-gu passbook, the record using a high interest rate shall be required. The loan of a high interest rate shall be converted into a lower interest rate loan if it is deposited with us. However, the phone was not an employee of a financial institution, and there was no intention or ability to force the victim to lend a low interest rate to the victim.

The Defendant, along with Dop○○ et al., by deceiving the victim as above, received KRW 3.5 million from the victim, including the transfer of KRW 162,64,570,00,00 from the bank account in the name of Mapon Kim (902147621****) in the name of Mapon Kim Mapon et al. in the same manner from December 16, 2013 to March 17, 2014, respectively, a total of 162,64,570 won from the victim every 34 times in total, as described in the list of crimes in the attached Form.

Accordingly, the defendant, in collusion with ○○ et al., obtained a total of KRW 162, 644, 570 from the victims, respectively.

" 2015 Highest 66"

Defendant B and Defendant A shall play a role in delivering 2013, the second floor of the building located on the 726-lane, Nam-gu, Daegu-dong circulation; the second floor of the building located on the 40-lane, Nam-gu, Daegu-dong circulation; the second floor of the building located on January 1, 2014, the second floor of the building located on the 300-dong, Seogu, Daegu-gu, the 200- the third floor of the building located on March 3, 2014; the third floor of the building located on the 357-ro, Seo-gu, Seo-gu, Seo-gu, the first floor of the road; and the third floor of the bank from the Internet to the 357-lane credit service provider; and then, the government shall open the e-mail bank from the e-mail lending by misrepresenting the loan to many and unspecified financial institutions; and the government shall purchase the e-mail fund from the e-mail; and

On December 11, 2013, the Defendants play their respective roles according to the above public offering, and call from the second floor of the building on 40-ro, Nam-gu, Nam-gu, Nam-gu, Seoul, to the victim Red○○○, thereby creating a bank call account with the interest rate of 3.5% 5%. In order to make a Mabro, the government support fund is the fund, and the record using a high interest rate is required. The Defendants would make a change into the Mabro loan to Mabro on deposit with us. However, the phone was not an employee of the financial institution, and there was no intention or ability to make the Mabro loan to the victim.

피고인 B은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 대포통장인 김◎ ◎ 명의의 서수원새마을금고 계좌 ( 9002147621 * * * ) 로 350만원을 송금받은 것을 포함하 여 2013 . 12 . 10 . 경부터 2014 . 5 . 23 . 경까지 같은 방법으로 별지 범죄일람표 기재와 같 이 총 49회에 걸쳐 피해자 32명으로부터 합계 177 , 204 , 770원을 , 피고인 E , F , G , H , I , J , K , L , M , N는 2013 . 12 . 10 . 경부터 2014 . 5 . 23 . 경까지 같은 방법으로 별지 범죄일람 표II 기재와 같이 총 59회에 걸쳐 피해자 40명으로부터 합계 239 , 064 , 770원을 , 피고인 A은 2014 . 5 . 19 . 경부터 2014 . 6 . 12 . 경까지 같은 방법으로 별지 범죄일람표III 기재와 같이 총 25회에 걸쳐 피해자 21명으로부터 합계 76 , 420 , 200원을 , 피고인 C , D는 2014 . 5 . 19 . 경부터 2014 . 5 . 23 . 경까지 같은 방법으로 별지 범죄일람표IV 기재와 같이 총 15 회에 걸쳐 피해자 13명으로부터 합계 14 , 560 , 200원을 각각 송금받았다 .

As a result, the Defendants conspired to acquire the property from the victims.

Summary of Evidence

1. Defendants’ respective legal statements

[Record of Evidence in 2014 Highest 2444]

1. Kim *, Kim *, Kim *, Kim *, Kim G, H and Lee each protocol of suspect examination of police officers against N.

1. Copy of each protocol of investigation of the police against Defendant J, E, M, I, K, and L

1. Statement of each police statement on red ○○, etc.;

1. A copy of each police statement concerning ○○, etc.;

1. Details of financial transactions ( community credit cooperatives), response to the details of transactions by new banks and veterinary cooperatives, and details of transactions by receipt accounts (agricultural cooperatives);

Coordinate units, post offices) and response to details of financial transactions ( community credit cooperatives, etc.)

1. A suspect who has withdrawnCCTV image, CCTV data for a suspect who has cash withdrawal in the receipt account, and cash withdrawal in the receipt account;

CCTV video data

[Judgment of the court below]

1. A protocol concerning the examination of suspect against Defendant F;

1. Kim* A copy of the protocol of suspect examination of the police against *

1. Appointment* Statement of the Police in relation to *

1. A copy of the police statement concerning Kim △△△△;

1. A list of transactions of self-reliance deposits;

1. CCTV photographs (No. 87 No.);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Defendants: Articles 347(1) and 30 of the Criminal Act - Selection of imprisonment

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Defendant E, F, G, H, I, J, K, L, M, M, and N: Article 62(1) of each Criminal Act (The degree of commission of a crime, profits acquired therefrom, confession and reflects, other reflecting circumstances, such as the Defendants’ age, character and conduct, family relationship, etc.)

Reasons for sentencing (defendant A, B, C, D)

○○ Defendant A, B: The fact that Defendant A and B led an offense committed against many unspecified victims in a systematic and systematic manner, and the amount of profit earned therefrom reaches or exceeds KRW 200 million; on the other hand, Defendant A and Defendant A have recovered from damage through his family; and on the other hand, Defendant A shall be punished as ordered by taking into account all the circumstances, including the Defendants’ annual order, character and conduct, and family relationship.

○○ Defendant C, D: The degree of commission of cash withdrawal has not been somewhat weak to the degree of commission of a crime; on the other hand, confessions. On the other hand, other related cases concerning the Defendants’ age, character and conduct, and principal crimes (such as Suwon District Court Branch Decision 2014Kadan1556, etc.) are determined as ordered in consideration of the results of the judgment, etc.

Judges

For the remaining judge

arrow