(영문) 울산지방법원 2018.11.30.선고 2018고단858 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Applicant for Compensation

Imposition of Judgment

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2018.11.30.선고 2018고단858 판결

사기,절도,횡령,배상명령신청

Cases

2018 Highest858 Fraud, thief, embezzlement

2018 Highest 1109 (Joints)

2018 Highest 2008 (Joints)

2018 Highest 2848 (Joints)

2018 Highest 2865 (Joints)

2018 initially 549 Application for a compensation order

2018 initially 555 Application for a compensation order

2018 initially 559 Application for a compensation order

2018 initially 560 Application for a compensation order

2018 initially 561 Application for a compensation order

2018 initially 565 Application for a compensation order

2018 initially 566 Application for a compensation order

2018 initially 567 Application for a compensation order

2018 initially 568 Application for a compensation order

2018 initially 569 Application for a compensation order

2018 initially 570 Application for a compensation order

2018 initially 571 Application for a compensation order

2018 initially 574 Application for a compensation order

2018 initially 575 Application for a compensation order

2018 initially 576 Application for a compensation order

2018 early 577 Application for remedy order

2018 initially 578 Application for a compensation order

2018 initially 579 Application for a compensation order

2018 initially 580 Application for a compensation order

2018 initially 581 Application for a compensation order

2018 initially 582 Application for a compensation order

2018 initially622 Application for a compensation order

2018 initially 650 Application for a compensation order

2018 initially 664 Application for compensation order

Defendant

Prosecutor

Kim Jong-gun, Kim Jong-sung(Court of Second Instance), and knives(Court of Second Instance)

Defense Counsel

Attorney Kim Jong-chul (Korean)

Applicant for Compensation

1. B

2. C.

3. D;

4. E.

5. F;

6. G.

7. H;

8. I

9. J;

10. K;

11. L.

12. M;

13.N

14. 0

15. P;

16. Q.

17.R

18, S

19. Telecommunication

20. U;

21. V

22.W;

23. X

24. Y

Imposition of Judgment

November 1, 2018, 30

Text

The defendant is punished by imprisonment with prison labor for three years and by imprisonment for two months for a crime under Article 1 (1) through (5) of the Criminal Act.

The Defendant: (a) the applicant for compensation: (b) the amount of KRW 2.9 million to the applicant for compensation; (c) KRW 3.5 million to the applicant for compensation; (d) KRW 1.5 million to the applicant for compensation; (e) KRW 7.5 million to the applicant for compensation; (e) KRW 500,000 to the applicant for compensation; (e) KRW 500,000 to the applicant for compensation; (b) KRW 600,00 to the applicant for compensation; (c) KRW 4.75 million to the applicant for compensation; (d) KRW 6.75 million to the applicant for compensation; and (e) KRW 7.5 million to the applicant for compensation; (d) KRW 50,00 to the applicant for compensation; (e) KRW 500,00 to the applicant for compensation; and (e) KRW 1.2 million to the applicant for compensation to the applicant for compensation; and (e) KRW 1.2 million to the applicant for compensation to the applicant for compensation;

The above compensation order may be provisionally executed.

E. The applicant for compensation, F. M. The applicant for compensation, the applicant for compensation, and W. The applicant for compensation, the applicant for compensation, shall be dismissed.

Reasons

Criminal facts

【Criminal Records】

On November 30, 2016, the Defendant was sentenced to a suspended sentence of three years for one year and eight months, due to a crime of fraud, larceny, special larceny, or occupational embezzlement at the Busan District Court, and the said judgment became final and conclusive on December 8, 2016. On September 15, 2017, the Defendant was sentenced to a suspended sentence of two years for six months due to the crime of fraud, larceny, special larceny, or occupational embezzlement at the Changwon District Court, which was sentenced to a suspended sentence of six months due to the use of electronic records, etc., and the said judgment became final and conclusive on September 23, 2017 (limited to a criminal prior conviction for the latter part of the crime of paragraph (6) of the facts of crime).

“2018 Highest 858

1. Fraud under Article 347 (1) of the Criminal Act;

At around 2017, 12, and 27, the Defendant made a false statement to the effect that “AB mobile phone agencies of the Republic of Korea working for the Defendant in Ulsan-gu, Seoul-gu, would allow the Victim AB to purchase at KRW 300,000 AE North Korea as an employee of the said company by phone to the victim AC.”

However, the Defendant had no intention or ability to sell it to the victim because he was not an employee of the AE North Korea at the time. Accordingly, on December 28, 2017, the Defendant, by deceiving the victim as above, received 300,000 won from the victim under the AE North Korea account (Account Number AH) in the name of AE North Korea, designated by the Defendant, from the victim, from the victim, and received 300,000 won from the victim from March 5, 2018, from that time, by deceiving 72 victims in total by the above method as described in the attached list of crimes (1), and then transferred 132,865,500 won in total from the victims.

2. Fraud under Article 347 (2) of the Criminal Act;

On January 6, 2018, the Defendant made a false statement to the victim AI to the effect that “when the party purchases one unit of gallonian 8 mobile phones, it will provide the party with 900,000 won to the party and provide one unit of gallon jus free of charge until February 17, 2018.”

However, in fact, the defendant did not have the intention or ability to provide one gallonis to the victim or to support it free of charge.

As such, the Defendant, by deceiving the victim as above, had the victim join the (State)A on the same day, had the (State)A pay a total of KRW 1,241,500 for gallon 8 mobile phones and a total of KRW 1,241,50 for gallon 1 and gallon 1, and received the total of the above payments. From that time, until January 30, 2018, by inducing the victims to join the (State)A, and by inducing the victims to subscribe to the said method and to pay a total of KRW 13,745,300 for gallon 13,745,300 to the (State)A.

2018 Highest 1109,

3. On February 2, 2018, the Defendant: (a) committed a theft by taking off one of the AK cell phoness equivalent to KRW 300,000 in the market price owned by the victim in the United States, using a gap in the victim’s surveillance negligence; (b) around 17:00 on February 2, 2018, the Defendant used the victim’s cell phone agent working as the vice head; and (c) at the victim’s mobile phone agent, the victim’s market price in the United States, located in the United States.

4. On February 11, 2018, at around 11:00, the Defendant stolen two mobile phones of the total market value of the victim’s ownership in the region where the victim was in the region where the victim was in the region where the victim was in the region where the victim was in the region where the victim was in the region where the victim was in the region where the victim’s surveillance was neglected.

5. On February 17, 2018, at around 17:00, the Defendant: (a) took advantage of the gap in the victim’s surveillance neglected; and (b) taken off one part of the AL cell phone value equivalent to KRW 170,000 in the market price owned by the victim in the region where the victim was in the region where the victim was in the region; (c) on June 2008, the Defendant was a person who used a business to export Handphone; (d) was aware of the Defendant’s credit business with the victim’s capital via the Internet site; and (e) borrowed KRW 50,000 from the victim three times via the Internet site.

Around June 1, 2017, the Defendant returned NN to NN in the vicinity of the Kimhae-si Kim Jong-si Police Station, or KRW 55 million including the money lent to the Defendant, and the Defendant made a false statement to the victim that “if he/she lends additional money, he/she will repay it to him/her. If he/she has a building in Busan, he/she can have paid it in the amount of KRW 870,000,000,000.” However, the Defendant had no economic ability, and there was no property owned in the name of the Defendant, such as a building, etc., and even if he/she has no specific business plan, he/she did not have any intent or ability to repay it.”

As above, the Defendant, by deceiving the victim, was issued a cashier's check of KRW 43 million from the victim who is affiliated with the Defendant.

2018 Highest 2848 7. Fraudulent

On January 15, 2018, the Defendant made a false statement to the effect that “When purchasing the galglue 8 mobile phones, the Defendant will provide the full amount of the cost of the device and provide the tables computers free of charge.”

However, the Defendant did not have any intent or ability to provide the victim with the cost of the cellular phone or to provide the block computer free of charge. Accordingly, on January 15, 2018, the Defendant, by deceiving the victim as above, had the victim join the (State)A on or around January 15, 2018, and by inducing the victim to enter the (State)A on or around January 15, 2018, KRW 1,046,100, and around January 20, 2018, KRW 147,000,000, and KRW 1,094,50,000, from around January 30, 2018, by deceiving the victim to receive KRW 2,287,60,00 in total, from around 20, 2018 (State) to receive KRW 40,000,000 in total, from around 216, 2018.

8. Embezzlement;

around December 19, 2017, the Defendant was used by the Defendant from the Victim Q to pay on behalf of the Defendant KRW 674,000 for the terminal price of the mobile phone used by the Victim Q, and KRW 600,000 for the mobile phone used by the Victim R, at the places described in the preceding paragraph, and around December 19, 201.

In the name AG Association account (Account Number AH), above KRW 674,00, and KRW 600,274,000, which was transferred from the victim AR to the above account, and was stored for the victims, and then embezzled the above KRW 1,274,000 by arbitrarily consuming the Defendant’s living expenses, etc. at the Ulsan Glsan place around that time.

2018 Highest 2865 9. Fraud under Article 347(1) of the Criminal Act

(a) Fraud, such as mobile phones;

On December 12, 2017, the Defendant made a false statement to the effect that “When the Defendant, in the Ulsan Jung-gu Z, purchased additional components of the official machinery and cellular phone from the cell phone of the (ju) AB, the Defendant would send them.”

However, the Defendant had no intent or ability to sell to the victim even if he received the price for the aforementioned mobile phone, bble computer equipment, and additional components of the mobile phone from the victim. Accordingly, on December 12, 2017, the Defendant deceptioned the victim as above, and acquired KRW 1,720,00 from the victim the sum of KRW 1,557,60,000 for AT 1,57,600, additional components of the mobile phone, and the sum of KRW 1,720,40,00 for AF’s AF’s AF account (Account Number AH), which was designated by the Defendant, around December 20, 2017.

(b) so-called “safination” fraud;

On November 19, 2017, the Defendant made a false statement to the effect that “AP and AU is purchased from the victim AS,” the Defendant would make the full purchase price, excluding the principal charges per machine when purchasing AP and AU, to the victim AS.”

However, the Defendant had no intent or ability to return the price to the victim even if he received the price of the AP and AU, which is a Bluth computer, from the victim. Accordingly, the Defendant, by deceiving the victim as above, received the sum of KRW 2,537,700 from the victim to the AG Association account (Account Number AH) in the name of AF designated by the Defendant on November 19, 2017, and received KRW 8,516,200 in total five times from that time until December 3, 2017, respectively, as described in the attached Table of Crimes (4).

Around February 23, 2018, the Defendant made a false statement to the effect that “The Defendant would lend money that needs to be paid in cash to the victim AS using AX,” and that “I will withdraw from the bank on February 26, 2018, and complete payment.”

However, even if the defendant borrows money from the victim, he did not have the intention or ability to repay it to the victim.

Accordingly, the Defendant, as seen above, by deceiving the victim and deceiving the victim through the AG Association account (Account Number AH) in the name of AF designated by the Defendant around February 23, 2018, took over KRW 2,000,000 under the name of the borrowed money.

j. Fraud under Article 347(2) of the Criminal Act;

A. On October 11, 2017, the Defendant made a false statement to the victim AS to the effect that “When the Defendant purchased a gallonian 8 mobile phone and subscribed to AA, he/she would pay the penalty for the previous device and provide the full amount of the device.”

However, the Defendant had no intent or ability to support the cost of the mobile phone even if the victim subscribed to the (State)A. Accordingly, the Defendant, by deceiving the victim as above, had the victim join the (State)A on October 11, 2017, and by having the (State)A pay KRW 1,094,50 for one mobile phone (SM-N950N) around October 2017, the Defendant paid KRW 8,000 to the (State)A for a total of eight times, and thereafter, received it. From that time to January 2, 2018, the Defendant got the victim to subscribe to the (State)A and received KRW 8,264,200 by inducing the victim to subscribe to the (State)A on August 16, 200.

Summary of Evidence

1. Defendant's legal statement;

1. AC, U,Y, X, Z, R, BA, K, KS, D, D, BD, I, BE, R, Y, BG, BG, B, B, B, B, B, Q, BK, BK, BM,O,O, BN, B, B, Q, BO, B, Q, Q, BP, B, BR, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, L, AI, W, W, C, CF, CF, CF, CG, CM, CPE, CM, CM, CPE, CM, CM, CM, CN, CM, CM, CM, CN, C, CM, CM, CM, C, CM, C, CM, C, CM, C, C., C, C., C., C., C., C., C., C.

1. Each statement, etc.;

1. Each complaint, a loan certificate, a statement of passbook transaction under the name of the CO (N), a detailed statement of deposit and withdrawal transaction in the name of the head of the CO, a loan application, a statement of deposit and withdrawal in the CO bank under the name of the CO, and a written accusation;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, etc. and investigation reports (Attachment to decisions of a suspect);

Application of Statutes

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

( state)Each fraud that has been admitted to the AA: Article 347(2) and (1) of each Criminal Code; Article 347(2) of each Criminal Code; Article 347(1) of each Criminal Code; Article 347(1) of each Criminal Code;

○ Larceny: Article 329 of each Criminal Code; Selection of Imprisonment

The point of each embezzlement: Article 355(1) of the Criminal Code; the choice of imprisonment

1. Handling concurrent crimes;

In the latter part of Article 37 and Article 39(1) of the Criminal Act (in the case of fraud as provided in paragraph (6) of the same Article, there is a previous criminal record of the use of electronic records, etc., and of fraud as provided in paragraph

1. Aggravation for concurrent crimes;

Criminal Act Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Mutual between Crimes of Articles 1 through 5, 7 through 10) of the Criminal Act

1. Article 25(1), Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the applicant for compensation, B, C, D, G, H, I, K, L, N, L, P, Q, Q, S, U,V, X, and Y);

1. Crimes listed in Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the amount of compensation applied by the applicant for compensation is different from the amount of damage indicated in the facts of crime, and it can be deemed that the existence or scope of liability for compensation is unclear) of the reasons for sentencing 1. Crimes listed in subparagraphs 1 through 5 and 7 through 10 of the same Article;

(a) A primary crime;

[Determination of Punishment] General Frauds (at least KRW 100,000, less than KRW 500,000)

[Special Aggravation] - Where a crime is committed against unspecified or many unspecified victims, or has been committed repeatedly over a considerable period of time.

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation Form] One to Six months from August 1 to six years: An increase in the first step by type as a result of the combination of identical competitions.

(b) Crimes of subparagraphs 2 through 4; and

[Determination of thief] Type 2 (General thief) for General Property

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Six months to one year and six months

[Determination of Punishment] Type 1 (less than KRW 100,00) of Embezzlement/Misappropriation

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] April to April 1 year

[General Convicts] - Reduction elements

In the case of non-business embezzlement:

- Aggravations

In the case of embezzlement;

(d) The result of the aggravation of multiple offenses (the upper limit of crime 1 + the upper limit of crime 1/2 + the upper limit of crime 3 + 1/3 of the upper limit of crime : August 1 to July 7:

(e) Determination of sentence;

In addition to the above sentencing factors, the Defendant was released from a suspended sentence of imprisonment with prison labor upon being detained by committing each of the crimes in the same type of fraud, larceny, special larceny, and occupational embezzlement. It is also a period of the suspended sentence after being sentenced to imprisonment with prison labor for latter concurrent crimes (the crime of uttering of private electromagnetic records, etc.). It is still a period of the suspended sentence. The Defendant, who was not subject to the suspended sentence of the above 2nd imprisonment with prison labor and was not 1 month or less, was not 100 victims from October 11, 2017 to March 5, 2018, and was not 120 or more times from 70 victims to 120 victims of each of the crimes. Furthermore, the Defendant, at the time, was not subject to the suspended sentence of imprisonment with prison labor or 20 times from 30 times to 30 times to 40 times to 100 victims of each of the crimes, including fraud, was likely to use the above new type of crime.

2. Criminal facts (6) fraud;

The Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the crime of fraud, larceny, special larceny, and occupational embezzlement, and committed the crime of this case at least six months, and even during the period of the suspended sentence until now. In particular, the Defendant committed the crime of this case even when he was indicted for the crime of larceny, electronic records, etc., and the crime of robbery, etc., and was committed during the trial. As seen earlier, the Defendant was investigated by the police after committing the crime of this case, and was investigated by the crime of this case, and then committed the crime of this case, the Defendant would normally be bad after committing the crime of this case. Even if the amount of damage was not small, the damage was not recovered until now, and there was no possibility of recovery from damage in the future.

Comprehensively taking into account these circumstances, the sentence shall be determined as ordered, taking into account the equity between the case and the case where the person was adjudicated at the same time, and the latter part of the judgment in the name of invalidation.