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집행유예
(영문) 서울중앙지방법원 2005. 11. 17. 선고 2005고단4554-1(분리),2005고단5854(병합) 판결
[사기미수·사문서위조·컴퓨터등사용사기][미간행]
Escopics

1 et al.

Prosecutor

Kim Jong-tae

Defense Counsel

Attorney Lee Han-han et al.

Text

Defendant 1 shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of two years, respectively.

The 123-day detention days prior to the rendering of this judgment shall be included in the above sentence against Defendant 1, and the 124-day detention period shall be included in the above sentence against Defendant 2.

However, with respect to Defendant 2, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Nos. 1, 2, and 3 shall be forfeited from Defendant 2.

To order Defendant 2 to provide community service for 120 hours.

Criminal facts

Defendant 1 was sentenced to imprisonment with prison labor for the crime of forging securities at Seoul High Court on December 25, 2003 and three years of suspended execution, and had four criminal records during the suspended execution period, and was engaged in national affairs jointly with six ministries and agencies by misrepresenting them as the person in charge of outside the execution department of the so-called international financial institution, and Defendant 2 was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Supreme Court on August 22, 2000 and served in a wooden prison on December 7, 2001, and was 14 times the criminal records, such as the completion of the execution of the sentence on December 7, 2001, and was working as the vice president of Nonindicted Co. 5;

Co-defendant 4 is a person who was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on October 25, 2001 and has five criminal records on December 14, 2001, including the termination of the execution of the sentence, and is an employee of the international financial organization assisting Defendant 1. Co-defendant 5 is a person who has been sentenced to eight months of imprisonment for habitual gambling and one year of suspended execution, and is sentenced to three times of criminal records on November 10, 1994, and is sentenced to five years of suspended execution, and is sentenced to five years of imprisonment with prison labor at the Seoul Central District Court on April 25, 200, and is sentenced to a summary order of two years and six years and six years of imprisonment with prison labor at the Incheon District Court on April 4, 201, and is subject to a fine of nine years and six years of imprisonment with prison labor at the Gwangju District Court on August 14, 2002, and is subject to a summary order of nine years and nine years of imprisonment with prison labor.

1. The facts are: (a) the government does not have funds of a number of 10 trillion won from the financial institution to the borrowed name or dormant account; (b) the Defendants and co-defendants did not intend to use the funds in the government book business under their real names; and (c) the Defendants and co-defendants knew that financial institutions did not have any connection with the Cheongdae, National NIS, etc., and knew that there was a so-called "non-resources remittance" method which is treated as remitting money to a specific account through the computer work of the terminal of a financial institution; (d) through misrepresentation of Cheongdae, etc., and, on May 3, 2005, knew that there was no actual remitter of the financial institution, there was a so-called "non-resources remittance method" method; and (e) obtained the money by means of the aforementioned method and withdrawing it after deposit to the specific account; and (e) around May 3, 2005, he attempted at the Pyeongtaek Chang Chang-gun, Kim Chang-gun, Seoul Special Metropolitan City

A. Defendant 1, 2, Co-defendant 4, Co-defendant 5, and Co-defendant 7 in collusion with Non-Party 7 who acts as assistant officers of the National Assembly member of our open country, Non-Party 8, who acts as a leader of the NIS, Non-Party 9 who acts as the leader of the NIS, Non-Party 1 who acts as assistant officers of the executive branch of the international financial organization, and who act as assistant officers of the executive branch of the international financial organization;

On May 19, 2005, at the guest room 9th floor near the 4th, Gangdong-gu Seoul Metropolitan Government Gacheon-dong 1, the Defendants and co-defendant 2 (54) did not deposit the above 54 trillion won in the designated account, with the Ministry of Finance and Economy, the Financial Supervisory Service, the National Tax Service, and the National Intelligence Service, to train 120 trillion won in cooperation with six departments, such as the Ministry of Finance and Economy, the Ministry of Home Affairs, and the National Intelligence Service, who did not deposit the said 54 trillion won in the designated account, and the Defendants would not deposit the said 50 billion won with the said 5th,00 won in the recompense of the said 5th, the said 5th,000 won, and the said 4th,000 won in the Seoul National Agricultural Cooperative, which did not deposit the said 5th,000 won in the designated account, and the said Defendants would have the said 4th,000 won in the Seoul National Agricultural Cooperative.

2. Defendant 2

On October 22, 2004, when the Seoul Central District Public Prosecutor's Office had three designated acceptances from investigation agencies by means of forging official documents, etc. at the Seoul Central Public Prosecutor's Office, the Seoul Central Public Prosecutor's Office had three designated acceptances, it decided to forge an identification card, and on March 20, 2005, at the office of the Korea Unlimited Federation of Unlimited Persons who were registered as the members of the said Association on March 20, 2005, it did not have authority for the purpose of obtaining and exercising the personal information

A. On March 2005, at the lower end of the Seoul Western-gu, Gangnam-gu, Seoul. Around March 2005, using a computer and a knife flag, stating “(resident registration number omitted)” and “director” in the name column of Nonindicted 24 in the name column of the reporter status card of the environmental police newspaper company, using a computer and a knife and a knife the official seal of the president of the environmental police newspaper company and attaching the Defendant’s photograph on the front part, thereby forging one copy of the reporter status card in the name of the president of the environmental police newspaper company.

B. Around the same time, using a computer and a knife flag, stating “president”, “Non-Indicted 24”, “(resident registration number omitted)”, and “director” in the position column in the back part of the personal identification card of the Knife General Federation of Korea, using a computer and a knife flag, and forged one copy of the identification card in the name of the president of the Knife General Federation of Korea, which is a private document regarding the certification of facts, by printing the official seal of the president of the Knife General Federation of Korea in the name of the latter part of the personal identification card

C. Around the same time, using computers and knife Flag, stating that “director”, “non-indicted 24”, “(resident registration number omitted)”, and “director” in the position column of the Korea Fisheries Preservation Association of the 21st century, which is an incorporated association, using the back pages of the identification card of the Environmental Monitoring Group of the 21st century, is forged one copy of the identification card under the name of the Environmental Monitoring Group of the 21st century, which is a private document pertaining to the certification by printing the official seal of the Environmental Monitoring Group of the 21st century, and attaching the Defendant’s photograph on the front part.

3. Defendants

In the case of a financial institution, knowing the fact that there is no person who actually remitted the money to a specific account by means of the computer work of a financial institution, he knows the fact that there is a so-called “deflation of money without resources” method, falsely misrepresenting Cheongdae et al. to deposit the money to a specific account by the above method and to receive the money by withdrawing the money, in collusion with Co-defendant 4, Co-defendant 5, Co-defendant 7, Co-defendant 6, Co-defendant 3, Co-defendant 25, Co-defendant 8,

A. At around 16:30 on May 3, 2005, in the Bupyeong-gu Seoul Special Metropolitan City, Yongsan-gu, Yongsan-gu, Seoul Special Self-Governing Province at 26-35-25, the fact was not requested to remit money. Non-Indicted 3, an employee of the above Young-gu Seoul Special Metropolitan City branch, using a computer terminal used by the above person in the office, entered false information as if the defendants were remitted to the bank account (Account Number: omitted) in the name of the National Agricultural Cooperative in the name of the general manager of the Korea Agricultural Cooperative (hereinafter referred to as the "Seoul Special Metropolitan City"), thereby acquiring financial benefits equivalent to 100 million won from the above account, by immediately entering false information into the bank account in the name of the National Agricultural Cooperative in the name of the general manager of the Korea Agricultural Cooperative.

B. From 19:48 of the same day to 20:29 of the same day, agricultural cooperatives distributed KRW 100 million to account transfer at the same place, and from 19:48 of the same day to 20:29 of the same day, with the knowledge that the account transfer would be inspected on the upper computer network, and in order to avoid this, to make the account transfer, 90 million won per time, and to make a total of KRW 8.1 billion deposited at the National Agricultural Cooperative Federation (Account Number: omitted) in the name of the non-indicted 19:90 to 90 million in total, by operating the computer terminal used by non-indicted 3 in the same manner as above (A) and by making it deposited at another deposit account (Account Number: omitted) in the name of the non-indicted 1.6 billion Korean National Agricultural Cooperative in the name of the non-indicted 10,000 won stolen by the defendants.

Summary of Evidence

1. Defendants and co-defendants' respective legal statements

1. Each legal statement of the witness, Nonindicted 2 and Nonindicted 7

1. Each prosecutor's protocol of examination of the Defendants, Co-Defendant 4, Co-Defendant 5, Co-Defendant 3, Co-Defendant 7, Nonindicted 13, Nonindicted 14, Nonindicted 15, and Nonindicted 2

1. Copies of each protocol of interrogation of Nonindicted 3 by prosecution

1. Each prosecutor’s protocol on Nonindicted 12, Nonindicted 26, Nonindicted 27, and Nonindicted 28 (a copy of each prosecutor’s protocol)

1. Each police interrogation protocol on Nonindicted 13, Nonindicted 7, Nonindicted 15, Nonindicted 14, Nonindicted 8, Nonindicted 16, and Nonindicted 9

1. Each police protocol on Nonindicted 14, Nonindicted 11, Nonindicted 2, Nonindicted 7, Nonindicted 15, Nonindicted 17, Nonindicted 18, Nonindicted 12, Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 22, Nonindicted 23, Nonindicted 10, and Nonindicted 24

1. Each statement made by Nonindicted 10, Co-Defendant 8, Co-Defendant 6, Nonindicted 8, and Nonindicted 16

1. Police seizure records;

1. Each investigation report (No. 244, 605, 205, 1111, 1152, 205, 5854, 202, 205, 752, 752 of the investigation records), a statement of the results of fingerprinting at the scene of the crime;

1. A copy of the accusation, each letter of commitment, each letter of commitment, each set of set of note, each photograph, personal guarantee, and security assurance, and each copy of the deposit sheet;

1. Each criminal history bound in the investigation records;

Application of Statutes

1. Article applicable to criminal facts;

Articles 352, 347(1), 347-2, and 30 of the Criminal Code

Defendant 2: Article 231 of the Criminal Act

1. Heavy heavyness;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution (Defendant 2);

Article 62(1) of the Criminal Act (Taking into account that no substantial damage has occurred due to the failure to withdraw an attempted crime or the money deposited above)

1. Confiscation (Defendant 2);

Article 48 (1) 1 of the Criminal Act

1. Order to provide community service (Defendant 2);

Article 62-2 of the Criminal Act

Judges Park Byung-tae

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