2019 Highest 1537 Fraudulent

2019 Highest 1874 (Consolidation) Fraud, fraud, and attempted fraud

2019 Highest 2822 (Consolidation) Violation of the National Sports Promotion Act (Gambling, etc.)

2019 early 464, 531, 601, 613 Application for a compensation order

A 96. Symar

Haak-si, Haak-si, Haak-si (Public Prosecution) and Kim Tae-tae (Public Trial)

Attorney* (Korean National Assembly)

1. B

A person shall be appointed.

A person shall be appointed.

3. E.

October 16, 2019

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 40,000 won to E who is an applicant for compensation.

The above compensation order may be provisionally executed.

Each application of B, C, and D, the applicant for compensation, shall be dismissed.

Criminal facts

【2019 Highest 1537】

On February 26, 2019, the Defendant reported to the Defendant’s home located in Ulsandong-gu* 00 a.e., the Defendant’s mobile phone access to the Internet NAVB ○○○○, and then posted by the Victim F.” The Defendant made a false statement to the effect that the Defendant would sell money to the Defendant’s game account. However, the Defendant had no intent or ability to sell the game account.

The Defendant received KRW 15,00 from the victim as the sales proceeds of the game account around that time, and received KRW 464,00 from the victims over nine times as indicated in the crime sight table 1, as between March 16, 2019 and around March 1, 2019.

【2019 Highest 1874】

On February 22, 2019, the Defendant made a false statement that “I want to purchase the electric kickboard, which was posted by the victim G by accessing the NAV ○○○ bulletin board in the Defendant’s residence located in the way 00,” and “I want to send the goods to the Defendant upon deposit with the victim by contact with the victim.”

However, the defendant did not have the kickboard, and even if he received the payment from the victim, he did not have the intention or ability to send the kickboard.

Nevertheless, the Defendant received a total of KRW 5,892,00 from February 22, 2019 to May 9, 2019 a total of KRW 5,892,00 in the same way, and attempted to receive KRW 410,00 in total six times to receive KRW 410,00,00 from the victim’s account in the name of the Defendant. The Defendant attempted to receive KRW 180,00 from the victim’s account (**) to receive KRW 180,00 in the name of the goods.

Accordingly, the defendant had attempted to receive property or receive property by deceiving the victims.

[2019 Highest 282]

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall gambling using a website that provides property or property benefits to persons who correctly predicted the result by issuing sports betting tickets or similar things.

Nevertheless, the Defendant, from April 25, 2019 to May 10 of the same year, opened a member of the △△△△△ (△△△,com, etc.) by means of a mobile phone from the mobile phone from around 25, 2019 to around 10, the Defendant deposited KRW 2,157,800 in the Agricultural Cooperative Account in the name of the △△△△△○ (********) in a total of 43 times, as indicated in attached Table 3, and the Defendant predicted the outcome of various overseas and domestic sports games and received dividends in proportion to the amount deposited according to the result of the games, and the person, other than the Seoul Olympic Sports Foundation and the entrusted business entity or a person who provided property or property benefits by issuing the sports promotion betting tickets and providing property benefits to those who are not the entrusted business entity or similar.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Article 347(1) of each Criminal Code (the point of fraud), Article 352 of each Criminal Code, Article 347(1) of each Criminal Code (the point of attempted fraud), Article 48 Subparag. 3 of each National Sports Promotion Act, and Article 26(1) (the point of gambling) of each National Sports Promotion Act

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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

1. Orders for compensation;

○○ Application for Compensation B, C, and D: Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (it is not reasonable to issue an order for compensation in criminal proceedings because the scope of Defendant’s liability for compensation is not clear)

○ E: Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Reasons for sentencing

Considering the fact that the defendant led to the crime of this case and is divided, that the defendant agreed with some victims, that there is no criminal punishment power exceeding the fine of the defendant, that the defendant committed the crime of this case against many unspecified victims for a considerable amount of time, or that there is poor quality of the crime such as committing the crime of fraud repeatedly against many unspecified victims, that the defendant did not agree with a considerable number of unspecified victims, that the amount of damage not recovered exceeds five million won, and that the defendant committed the crime of this case even if he was issued a summary order of fines by committing the same crime, it is necessary to have a strict sentence against the defendant. In addition, the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime of this case, etc., the punishment is determined as ordered by taking into account all the circumstances shown in the records, such as the defendant's age, character and behavior, environment, relationship with the victim, motive, consequence, result, etc.

Judges’ or higher leaves

List of Offenses1

A person shall be appointed.

List of Crimes 3

Criminal Account

A person shall be appointed.