2018 Highest 951 Fraud 2018 Initial 403, 2018 Initial 407, 2018 Initial 605 Orders for Compensation

○ ○, Heading,

The Red Civils (Courts) and Kim Jong-hun (Courts)

Law Firm Gim-○, Park ○, Lee ○-○

June 12, 2018

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The Defendant shall pay 22.6 million won by defraudation to ○○, an applicant for compensation, and 4.5 million won by defraudation to ○○, an applicant for compensation, in collaboration with ○○, and ○○, an applicant for compensation.

3. A provisional execution of each order for compensation under paragraph (2) may be effected.

4. An application filed by 00, an applicant for compensation, shall be dismissed;

Criminal facts

The Defendant sent a large volume of the page to the “mmo-morm” member of the Mabi-name “mor who has been established in Kim ○○, O○○, etc., and whose main part is members of the State as members, leading O○○, etc. to join the Mabro-mor gambling site as if he could see sports discussions and gambling, etc., and, if the members of the website deposit money into the designated account, the Defendant expressed the amount of deposits of the members on the site account management page and received money by deceiving the members by means of indicating as if there is any source of revenue, and the Defendant and Kim ○-mor received 50% of the money from the above 50% of the money by Ob○, etc.

Accordingly, around July 21, 2017, the Defendant opened a htp/caf.com/hermefe at 00,000 won which he/she used at 3 million won only after he/she opened htp/naver.com/hermefe at 00,000 won, and posted a statement to the effect that "htttttt / c. 300,000 won was 1290,000 won," and then, he/she opened an account to 00,000 won for 00,000 won for 70,000,000 won for 20,000,000 won for 20,000,000 won for 7,000,000,000 won for 20,000,000 won for 7,000,000,000 won for 3,000,000.

However, as much profits have been generated, the victim would be able to make an investment in the sports earth site by manipulating membership information, thereby making it possible to obtain high profits.

Defendant, ○○, ○○○, and ○○○○, as seen above, had the victim induced, and had the victim go to a new bank account under the name of “effort” as of July 26, 2017, totaled five times from the date of transfer of KRW 22,60,001) from June 7, 2017 to August 10 of the same year, including having received a total of KRW 379,595,00 in total from the 69 victims over 195 times in total.

Accordingly, the defendant was given property by deceiving the victims in collusion with Kim ○, O○, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. 이○창, 오○○, 나○○, 백○○에 대한 각 경찰 피의자신문조서1. 남○○, 박○진, 오○용, 박◆아, 김○○, 김◊◊, 윤◊◊, 김◈◈, 김◀◀, 서○○, 정○○, 이○민, 조○희, 최○림, 최○지, 문○진에 대한 각 경찰 진술조서1. 이미○, 이○란, 박○희, 박수○ 작성의 각 진술서1. 각 회신서1. 수사보고(피의자특정)-송○○, 이○창, CCTV 화상자료 제공요청, 출금 CCTV 회신자료, 내사보고(압수영장 17-7442호 집행결과), 내사보고(압수영장 17-7443호 집행결과), 수사보고(금융계좌 압수수색검증영장 2017-11401 회신에 대한), 수사보고(금융계좌 압수수색 검증영장을 필요로 하는 사유), 수사보고(금융계좌 압수수색 검증영장 2017-12209호 회신에 대한), 수사보고(압수수색검증영장 2017-12209 2차 집행에 대한), 수사보고(12월 15일 기준 피해자리스트 확인에 대한), 수사보고(피의자송○○ 일람표 금액 일부 변경에 대한), 수사보고(현재까지 확인된 범행규모에 대한전체 일람표), 수사보고(계좌거래내역 및 일람표 파일 CD첨부), 수사보고(네이버 피해자 모임 카페에서 확인된 피해현황), 내사보고(백○○ 계좌 정보 공람)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 1. Concurrent Crimes: the former part of Article 37, Articles 38(1)2 and 50(1) of the Criminal Act, Articles 25(1), 31(1), and 31(2)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution; Article 31(3)3 and (2)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the existence and scope of liability is unclear)

Reasons for sentencing

The criminal defendant committed fraud against many unspecified persons, and the fact that many victims are the majority and the amount of damage has not been recovered from damage, etc. are very poor.

However, the fact that the defendant confessions and surrenderss the defendant, surrenders himself, and has no record of punishment other than the punishment sentenced twice until now, the age, character and behavior, environment, circumstances leading to the crime and circumstances after the crime shall be determined as the same as the order by examining in detail the age, character and behavior, circumstances leading to the crime.

Judges Lee Gyeong-tae