2015Gohap41 (Consolidation) Occupational embezzlement

2015Gohap54 (Consolidation), fraud by use of computers, etc., theft, and fabrication of private documents;

Uttering of Fact-Finding Documents

To order the defendant to complete the sexual assault treatment program for 80 hours.

[2015Gohap38]

The Defendant was attending a school system from around October 2013 to June 2014, 2014, with the victim fixed ○○ (n, 21 years of age) (n, 21 years of age) and from around October 2013.

The victim unilaterally notified the victim's separation from the victim, and led the victim to be respected.

On June 19, 2014: around 09: damage to the victim's house located in Busan Northern-dong around 00.0

The victim, who was aware of in the course of teaching with the principal, has gathered the number of the front door and intruded into the house:

The victim, who had been in the inside of the embankment, tried to see the victim's "I d to do so well."

At the same time, the victim was aware of the victim, and the victim is now unfasible to the male father-gu.

난 싫다 . " 라고 말하면서 피고인을 밀어내고 거부하자 피해자에게 " 나랑 사귈 당시 네

There is dynamic image. The person who takes four face-to-face-to-face depicts the victim's resistance by threatening the victim's resistance.

Afterward, the victim's bodily disorder had sexual intercourse with the victim and rape.

【2015, 41】

The Defendant is the Victim's Party on September 13, 2014 in Ulsan-gu 220-ro, Ulsan-ro, Seoul-ro, 13, 201 ( South:

48 years of age) A person who is employed in ○○○ Kindo and delivered an ordered food, and receives the price therefor.

They worked as delivery employees, such as those in charge.

On September 14, 2014: around 30: Around 30, the Defendant collected food costs of 336,000 won from the above bed.

No later than that time the said money was returned to the victim while on duty for the victim.

In addition, it has been consumed for personal purposes in the paper and embezzled it.

【2015Gohap54】

1. Fraud, fabrication of private documents, or uttering of private documents;

A. On June 30, 2014, the Defendant’s conduct in the vicinity of the Ulsan-gu New-dong located in the Nam-gu, Ulsan-do, Simsan-do, on a day-to-day basis.

for the purpose of this section, and without authority, in the column of the debtor and the terms and conditions of the contract for the basic loan for consumption.

" B , 930825 - 18XXXXX , 울산 남구 산업로 339번길 ○○ 3층 , 대출한도액 삼백만원 " ,

"B" in the column of "debtor" at the bottom and after signing at will on the name next thereto, it shall be completed.

as if the loan was duly constituted by the victim ( state) to the person in charge of the loan business of 00 glymphs loan

Afax sent by facsimile, which shall be sent from the above enterprise to the Agricultural Cooperative in B used by the defendant on the same day.

It received 3,000,000 won as a loan through the account.

As a result, the Defendant is liable to pay one copy of the basic loan for cash consumption, which is a private document on the rights and obligations under B.

3,000,000 won by deceiving the victim (ju) 00 glympha loan by forging it; and

The defraudation was made.

B. The Defendant’s basic contract for a monetary loan without authority for the purpose of exercising at the above date, time, and place

서 용지의 ' 채무자 ' 란에 " B , 930825 - 18XXXXX , 울산 남구 산업로 339번길 OO " , ' 계

in the column of "herbal content", "B" is stated in the column of "debtor at the bottom," and at will be stated in the name adjacent thereto.

After signing and signing, the lending of 00 non-rest loans to the victim (state) as if it was duly constituted.

The person in charge shall send it by facsimile to the person in charge, and it shall be the above Agricultural Cooperative Account on the same day from the above enterprise.

It received 3,000,000 won as a loan through a loan.

As a result, the Defendant is liable to pay one copy of the basic loan for cash consumption, which is a private document on the rights and obligations under B.

by deceiving the victim (state), 00, 000, 000 won by deceiving the victim (state)

The defraudation was made.

2. Computer, etc. fraud, theft;

The defendant's cell phone that was living together at the same house and was opened in the name of Dong B.

(010 - 460X - 48 XX) Defendant himself uses, and Party B’s Cze Card, etc. of the Pyeongtaek Bank.

The number, etc. of a female card is easily known within the house, and the closure used by the defendant

대폰에 B가 사용하는 우리은행 계좌 ( 1002 - 151 - 6XXXXX ) 와 연결된 인터넷뱅킹 어플

After establishing a case, the money deposited into the said bank account using it is used in mind.

I thought that they would be able to drink.

(a) Fraud by using computers, etc.;

(1) Accordingly, the Defendant’s name and title B used by the Defendant on August 8, 2014.

A mobile phone installed with the Internet banking system of our bank in a mobile phone, and B in the house;

The number of the bank's check and security card was entered and certified.

In addition, on August 4, 2014, the Defendant intended to settle the Internet game money price at an unsound place.

by using the Internet banking system installed in the above mobile phone, and by the victim us bank

(1) from the bank account in the name of B to the account in the name of 00 unemployment to the account in the name of 47,000.

The body was in arrears.

(2) On August 8, 2014, the Defendant: (a) at the foregoing place; and (b) at the above place, the said bank account by the said method.

From this point, the amount of KRW 300,000 was transferred to the account in the name of 00 unemployment, as the purchase price for the game money.

In this respect, the defendant has two times a computer and other information processing devices managed by the victim bank.

of 347,00 won or more by inputting information without authority to the extent that the information is processed.

Each acquisition of the commercial benefits.

(b) Larceny;

(1) On August 9, 2014, the Defendant found 00 points at a bank located in Ulsan-gu, Ulsan-gu, Seoul-do.

on the above mobile phone used by the defendant at the cash withdrawal machine managed by the injured Korean bank.

using the Internet banking system of our bank established in Korea, cash in the above bank account

500, 000 won was withdrawn.

(2) The Defendant: (a) on August 10, 2014, at the same place as above, KRW 300,000 in cash; and (b) on such a manner as above.

B withdrawn the Company.

As a result, the Defendant’s each amount of KRW 800,000,000 owned by the Victim’s Bank.

was taken.

Summary of Evidence

[2015Gohap38]

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. Requests for appraisal;

【2015, 41】

1. Defendant's legal statement;

1. A written statement of △△;

1. A report on investigation and a report on investigation (a report on the monetary content with the head of Si/Gun/Gu);

【2015Gohap54】

1. Defendant's legal statement;

1. The police statement concerning B;

1. An investigation report (to attach a detailed statement of passbook, etc.);

1. Three copies of a detailed statement of transactions of self-reliance deposits, each basic contract for cash loans, and a copy of the passbook of Korean bank;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act

Article 356 and Article 355(1) of the Criminal Act (Occupational Embezzlements)

of each Criminal Code, Article 347(1) of each Criminal Code (the point of fraud, the choice of imprisonment), and each Criminal Code

Article 231 (Entrusting of Private Document, Selection of Imprisonment) Articles 234 and 231 of the Criminal Act (Uttering of Private Document)

Article 347-2 (Fraud by Use of Computer, etc.) of each Criminal Code, each penalty

Article 329 (Larceny and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

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

Aggravation of concurrent crimes with punishment provided for in the Act on Special Cases concerning Punishment, etc. (Rape in Residence)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Order to complete a program;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and juveniles;

The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Sexual Abuse.

Order needs to be prudent since it can have a significant impact on the defendant.

In the case of the defendant's mistake, the defendant's registration of personal information and sexual assault treatment protocol are divided.

They appear to have an effect to prevent recidivism to a certain extent only with the completion of the program;

The crime of this case has no record of being punished for a sex offense, and the defendant is determined by the victim.

The fact that the defendant appears to have committed a contingent crime after receiving a separate notice from ○○, and other reasons;

In light of all circumstances, such as age, family environment, social relationship, etc., an order of disclosure or notification shall be issued.

As a result, the disadvantages and expected side effects of the defendant are very significant, but they can be achieved by them.

personal information on the accused, showing that the effects of the prevention of sexual crimes are relatively less.

the disclosure or notification of section 23(3)(3) of this title.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Two years and six months to twenty-two years and six months;

2. Scope of recommended sentences according to the sentencing criteria; and

(a) A violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a)

[Determination of Type] General Criteria for the Prevention of Sex Offenses Act : Type 2 for the Prevention of rape (subject to the age of 13 or more)

Rape)

【No Special Convicted Person】

[Scope of Recommendation] Five to eight years

(b) Crimes of forging each private document or uttering of a falsified private document;

[Determination of Type] Type 1 (Forgery, Alteration, etc. of Private Document)

【No Special Convicted Person】

[A general person] When a person who made the foregoing, altered, etc. uses the relevant or altered document

[Scope of Recommendation] Six months to two years

(c) Crimes of fraud and fraud by the use of computers, etc.;

[Determination of Type 1] General Fraud (less than KRW 100 million)

【No Special Convicted Person】

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

(d) Theft;

[Determination of Type] thieth on General Property (General thieth)

【No Special Convicted Person】

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

(e) Crimes of occupational embezzlement;

[Determination on Types of Embezzlement and Breach of Trust] Type 1 (100 million won)

【No Special Convicted Person】

[Scope of Recommendation] Four months to One year and four months

(f) Application of standards for handling multiple crimes: Five years to nine years.

The scope of the recommended sentence for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape);

The upper limit of the recommended sentence for each of the crimes of forging a private document and the uttering of a private document which are crimes 2 and 3;

1/2 and 1/3 shall be added up respectively.

3. Determination of sentence;

The Defendant, upon receiving a notice of determination from ○○○○, is a woman-friendly job victim’s family member.

The victim has a dynamic image taken to have a sexual relation with the victim by intrusion upon the victim's residence.

Intimidation and rape, which resulted in extremely poor character of the crime, and damage caused by the defendant's above crime.

JOO appears to have suffered deep mental or physical pain, and the defendant is the above.

Money from a lending company by forging a loan agreement in the name of friendly B even after rape;

Fraud or use the cash card in the above B, by fraud or theft, and embezzlement of money;

For the purpose of doing so, the victim has been employed in the Skin house operated by Dog-gu and has fledd money.

Embezzlements, etc. and repeats crimes, and the defendant at an investigative agency to the victim's regular ○○.

A written agreement made between the above victim and the above victim has been submitted, but the victim's fixed ○

The defendant is still subject to the punishment of the defendant, and the preparation of the above agreement has been made.

the other victims of each of the other crimes may not be considered in a favorable manner, and agreed upon with the victims of the other crimes.

The victims' damages have not been completely recovered and others are disadvantageous to the defendant.

In full view of the above, since the defendant's liability is very heavy, the defendant's punishment is imposed on him.

It would not be possible to escape from a sentence.

However, the defendant recognized all of the crimes of this case and is in depth against each other, and sexual assault.

In the case of a violation of the Act on Special Cases concerning the Punishment, etc. of Crimes (Influence and Rape), damage of the defendant in a pet relationship

Along with the fact that he was unilaterally notified by ○○ and was found to have committed a contingent crime.

and in the case of the remaining property crimes, the sum of damages.

7. The matters of KRW 483,00 are not so serious, including three identical power units to the defendant.

The defendant has been punished for a minor fine, although he/she has a past record of criminal punishment at least four times.

In addition, there is no penalty force exceeding a suspended sentence, and the defendant's edification and edification is relatively old.

The circumstances favorable to the defendant, such as the fact that it seems highly likely to improve, and the defendant b

This Act, family relations, criminal records, character and conduct, environment, means and methods of committing a crime, motive and circumstances of a crime, and after a crime is committed.

considering all sentencing conditions as shown in the argument of this case, such as the circumstances of this case, the lower limit of the recommended sentencing

Punishment shall be determined low.

Registration of Personal Information

The defendant is guilty of a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape).

Where a conviction becomes final and conclusive, Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

in accordance with section 43 of the same Act, as a person subject to registration of personal information is a person subject to registration;

have a duty to submit.

Judges Choi Jae-won

Judges Choi Min-young

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is applicable provisions of Acts, pursuant to the Established Rules on the Punishment, etc. of Crimes to be Stated in the complaint (No. 737 of the established Rules on

It is clear that there is an error in the subject of the case because it is a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape).

In accordance with the proviso to Article 19(3) of the Rules on Handling the Original Trial Affairs, such correction shall be made.