2016 no longer than 5579 Fraudulents

2

3

4

5. E.

OO (prosecutions) and ○○○ (Public trial)

○○ Law Firm (Attorney ○○○, Counsel for the defendant-appellant)

April 13, 2017

The punishment of Defendant A shall be imprisonment with prison labor for a year and six months, with prison labor for a term of ten months, with prison labor for a term of six months, with prison labor for a term of six months, with prison labor for a term of eight months, with prison labor for a term of eight months, and that of Defendant E.

For Defendant B, C, and D, the execution of sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant B, C, and D are ordered to provide community service for 160 hours.

Criminal facts

On March 2015, the Defendants knew that in the event of a provision of subsidies exceeding statutory subsidies when selling a mobile phone terminal, if they report, the amount of the reward would be 10 million won to be paid if they report the provision, and that the Defendants would be able to receive the reward by reporting in the name of the person who directly operates the mobile phone store and by opening the mobile phone in the name of the person and providing the support exceeding statutory subsidies in the process.

Defendant B took over ○○○○○○○○○○○○-ro, Seoul ○○○○○○○○○○, in his own name. Defendant C takes charge of opening the mobile phone to his employee, Defendant D took charge of providing ○○○○○○○○, a related Internet site, such as purchase of mobile phones, with subsidies exceeding statutory subsidies. Defendant A took charge of the crime, and divided the roles of Defendant A and E, taking charge of the crime, by soliciting reported persons, to make a false report to the mobile phone unfair conduct reporting center managed by the Korea Information and Communications Promotion Association.

From June 11, 2015 to June 26, 2015, the Defendants recruited each person from around June 11, 2015, and opened a mobile phone in the name of each person as shown in the annexed crime list, and reported as if they were to receive additional subsidies of KRW 320,00 to KRW 430,00 in the name of the nominal owner of the mobile phone opening through the mobile phone, on the basis of the advertisement “○○○○○○○” advertisement, etc.

The Defendants conspired to obtain a monetary reward of KRW 568 million in total from the Victim Information and Communications Promotion Association as shown in the annexed crime list. However, the Defendants attempted to receive a monetary reward of KRW 568,000 from the Victim Information and Communications Promotion Association, but did not refer to an agency’s objection, etc. which provided the device to ○○○○ Business, but did not commit

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of police statement on ○○○, ○○, ○○, ○○, ○○, ○○, ○○○, ○○○, ○○○○, and ○○○○, 1. Report (Attachment to Materials), and (Confirmation of Relationship among Persons who have applied for a report);

Application of Statutes

1. Article applicable to criminal facts;

Articles 352, 347(1), and 30 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Determination of punishment under Article 62-2 (1) of the Criminal Act

잘못을 인정한다. 결국 미수에 그쳐서 실제 피해가 생기지 않았다. 범죄전력은 피고인 B에게 벌금 4번이 있을 뿐이다. 그렇지만 노렸던 포상금의 액수가 커 범행의 규모가 크고, 사전에 조직적이면서 치밀하게 계획한 범죄이다. 범행을 위해 판매점을 인수하고, 허위 광고를 올리거나 초과 지원금에 관한 통화를 녹취하여 신고에 필요한 자료를 스스로 만들었으며 주변 사람들에게는 정상적으로 포상금 신청을 하는 것처럼 꾸몄다. 심지어 포상금에 대한 구상권이 행사될 것에 대비하여 재산이 없는 피고인 B가 판매점 대표를 맡기로 하는 등, 피고인들이 포상금 제도를 제대로 이해하지 못하고 무모하게 시도한 것으로 보이지 않는다. 헛된 욕심을 부린 피고인들의 범행은 엄하게 처벌받아 마땅하다. 구체적으로 피고인 A, E가 범행을 주도한 것으로 보이는 정황을 고려해 형을 정한다 .

Judges Kim So-young