Counterfeit, uttering of a falsified or falsified Document, and Receiving Goods without Permission

Violation of Regulation Act

Attorney C, D

Seized evidence 1 to 7 shall be confiscated, respectively.

After the Defendant hedgingd the victim E (n, 46 years of age) and the past, around July 2015, the Defendant decided to reconvert the victim and run a business related to water leakage with the victim, and established F Co., Ltd. on January 2017 and G, an incorporated association around March 2017, respectively.

After re-convening with the victim as above, the defendant made efforts to mobilize the victim and his/her business in a somewhat unreasonable manner, but he/she did not have any interest in the victim's defendant, and he/she was dissatisfied therewith.

1. homicide;

From April 20, 2017 to 05:00 on the following day, the Defendant thought that the victim was neglected by the victim during the 12th floor ○○○○○○○○○ of the 12th floor, a residence of the victim living in Tong-si, who had been living in Tong-si and had been dissatisfied with one another with the problem of late returning home at the time of the victim, while opening a suspicion of sexual intercourse with the victim, but at the same time the victim's head, face, hand, arms, etc. are taken back by the victim's cell phone in the side, and brought about about about about about 20cm in the kitchen, and brought about a male relationship with the victim, and brought about about about about about about about 3.0cm in the way of the victim's head, face, hand, arms, etc., and 20cm in a large number of 3.0cm inside the right side of the victim (5.20cm in length and 4.0cm in length), and 10cm in length on the right side of the victim, respectively.

Accordingly, the Defendant murdered the victim.

2. Destruction, damage, and abandonment of a corpse;

In order to escape after killing the victim as above, the Defendant demanded the J, the owner of the house in the above residence, to return the deposit for lease on a deposit basis. The Defendant requested the J to remove the house, and the female had the mind to destroy the body and abandon the body at the time of checking the house.

(a) Destruction of a corpse;

At around 14:00 on April 24, 2017, the Defendant: (a) towed the body of a victim who was in a kitchen at the ○○○○○○○○ on the 12th floor; (b) cut the body of the victim into nine parts by cutting the body of the victim into nine parts, respectively, by using a saw purchased at around 13:00 on the same day and a knee to the right side of the victim, and by using a knee kne, knee, knee, knee, knee, kne.

Accordingly, the defendant damaged the body of the victim.

(b) Abandonment of a corpse;

On April 24, 2017, at around 17:00, the Defendant: (a) purchased at around 13:0 the 12 OO head toilets of the 12th floor above, and (b) divided the body of the victim who cut off into two existing ice stuffs; and (c) brought the body of the victim to the boiler room of the 1st floor above; and (d) the Defendant abandoned the victim’s body.

3. Fraudulent, fabrication of private documents, or uttering of private documents;

After killing E as described in paragraph (1), the Defendant released the capital of the said incorporated association without permission using the seal imprint certificate of G, an incorporated association, kept by E, with the intent to use it as funds for escape.

On April 24, 2017, the Defendant entered the application form for withdrawal kept at the victim agricultural cooperative L branch in Tong Young-gu and entered the amount to be withdrawn and account number (M) of the said incorporated association in the column in the name of the deposit owner, and affixed the seal imprint certificate of the said incorporated association voluntarily brought at the E office next thereto, and presented the application form for withdrawal in cash to an employee in the name of the said employee, and received KRW 42 million in cash at the said place. Accordingly, the Defendant, without authority, forged the application form for withdrawal in the name of G, which is a private document related to rights and obligations, and acquired it by deceiving the employees of the victim agricultural cooperative L branch in the name of the said incorporated association, thereby deceiving the victim agricultural cooperative into 42 million won.

“2017 Highly 59

The defendant is a representative director of 0 agricultural partnership (hereinafter referred to as "O") established for the purpose of joint shipment, distribution, processing, sale, etc. of agricultural products in Gangnam-gu N and 2 Seoul, and P is a member of the association who has invested 30 million won in 0.

1. Fraud;

On April 29, 2016, the Defendant recommended the victim Q Q to make an investment to the effect that “When investing in the company of Korea, you will pay monthly dividends equivalent to 7% of the amount invested through Edong and agriculture-related business, apartment construction business, etc., and guarantee the principal amount of investments.”

However, this is true because of the failure to commence any business, and the investment money received from investors has been operated in the form of a prompt return, in which the principal and interest, etc. are paid to the existing investors, so even if investment is received from the victims, there was no intention or ability to pay interest, etc. to the victims, such as the agreement.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 30 million from the victim for the same day as the investment money, and then acquired a total of KRW 50 million from the victims from August 17, 2016, such as the list of crimes in the attached Table, from August 17, 2016.

2. Violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission;

No one shall make an agreement to pay the total amount of investment or an amount in excess of it in the future to conduct a business of raising funds from many and unspecified persons without obtaining authorization, permission, registration, or report under finance-related Acts and subordinate statutes and without obtaining any permission, registration, or reporting.

Nevertheless, the Defendant, in collusion with P, agreed to pay an amount exceeding the investment amount in the future in the manner described in paragraph (1), at the time and place described in paragraph (1), and received KRW 30 million from Q as the investment amount, and received KRW 50 million from Q from Aug. 17, 2016 to Aug. 17, 2016.

Summary of Evidence

“2017 Gohap474

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement against R and J;

1. Each police statement to S, T or U;

1. 112Notification to the department related to the 112 Report, death certificate, physical examination report, photo, identification report of the case of murder of a female of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a 112 Report, on-site inspection report, on-site inspection report, on-site inspection report,

1. Records of seizure and the list of seizure;

1. Preparation and report of a recording book (the No. 134, 136 of the evidence list);

1. Each investigation report (with respect to the suspect A and victim E-operation path, the victim's telephone call call, hearing of the victim's statement, hearing of the staff of the center of this article, hearing of witness's statement, failing to prepare a record of statement, consultation contents, etc., with respect to attachment of a suspect's book, with respect to attachment of a suspect's book, with respect to whether the genes from the seized article coincide with the suspect's genes, with the user's genes, with respect to the place of purchase of the criminal tool, telephone investigation-W telephone communications, with respect to the attachment of the second document prepared by the suspect, with respect to the telephone of the suspect, X, X, Y mobile route, attachment of a copy of passbook, document of passbook, document of transaction attached to G, document attached to G, document of passbook used by the suspect as the means of murder, document specifying the length of the crime committed by the suspect, document of association withdrawn by the suspect and the user's location

1. Request for cooperation (detailed details, etc.) in business, details of the tea set forth in detail (Evidence List Nos 35,36) 2017 high-ranking59;

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning P;

1. Each police statement of the Z and AA;

1. Each 0 agricultural partnership (Evidence Nos. 2 and 3), an application for joining a union member, each notarial deed (Evidence Nos. 5 and 6), 10 cases of transaction statements, response to the details of financial transactions;

1. Each investigation report (the submission of a criminal complaint AA transfer receipt and the confirmation of the details of deposit and withdrawal from the corporate account);

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of life style), Article 161(1) of the Criminal Act (a comprehensive of the destruction and damage of body), Article 161(1) of the Criminal Act (a comprehensive of the destruction and damage of body), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 6(1) and 3 of the Act on the Regulation of Conducting fund-raising without Permission (the selection of imprisonment), Article 6(1) of the Act on the Regulation of Conducting Fund-Raising without Permission

1. Punishment of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (Inasmuch as a punishment has been chosen for life imprisonment with the largest punishment, no other punishment shall be imposed)

1. Confiscation;

Judgment on the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

The defense counsel asserts that the defendant had a weak state of ability to discern things or make decisions at the time of committing the crime of homicideing more than a usual amount of alcohol on the day of committing the crime of murder of this case.

However, in light of the process and consequence of the above crime, the defendant's act before and after the crime, etc., it seems that the defendant had weak ability to discern things or make decisions at the time of the crime, and thus, the above assertion is not acceptable.

1. Scope of legal penalty: life imprisonment;

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

(a) homicide;

[Determination of Punishment] Type 2 (Ordinary homicide)

[Special Convicts] Destruction and Damage of Corpses, cruel Crimes (Aggravated Elements)

[Scope of Decision and Recommendation in the area of Recommendation] Special Used Area, Imprisonment for more than 15 years, life imprisonment for more than 15 years, and fraud in the middle of 2017, large 47.

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

[Specially Convicted Persons] Where a criminal act is extremely poor or a criminal act is committed by deceiving a court in a trial proceeding (aggravated factor).

[Scope of Decision and Recommendations] Aggravation, 1 year to 2 years, 12017 Gohap59, 202 fraud

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

【Special Convicted Person】

[Scope of Decision and Recommendations] Basic Area, Imprisonment of 6 months to 1 year and 6 months;

(d) Application of the standards for handling multiple crimes: life imprisonment (the crime of destroying and damaging carcasses for which the sentencing criteria are not set, the crime of abandonment of carcasses, the crime of violating the Act on the Regulation of Unauthorized Receipt of Corpses, and the crime of concurrent crimes in the former part of Article 38 of the Criminal Act, so the sentencing criteria shall not be applied directly, but the lowest limit of the punishment shall be the lowest limit of the crime of homicide for which the scope of sentence is the largest in the sentencing criteria is set among the crimes for which

3. Determination of sentence;

The act of infringing on life and dignity of a person is of absolute nature that no one can dispose of. The act of infringing on the life and dignity of a person is not possible. The act of committing the crime of this case is suspected of and into the male relation of a female victim, who is in a fluoral relationship with the defendant, and the victim's head, face, etc. are taken several times while the crime of this case is being committed, the victim knife with knife knife knife murders the victim, and then cut the victim's body into nine parts, such as head, scarf, and pelf, with the intention to destroy the evidence of the crime, and put the body cut up to nine parts of the victim's body by taking advantage of knife and knife with the intention of destroying the victim's body, and then, the defendant did not have any way to kill the victim's body and did so for the limited respect for the victim's personality, as long as he did not have considerable harm to the victim's body within Seoul society, without permission.

Therefore, even though there are extenuating circumstances such as the Defendant’s recognition of all of his/her crimes, in light of all the circumstances such as murder of this case, destruction of and damage to the dead body, and the motive, pattern, nature and consequence of the crime, the result of the crime, and the balance between the general preventive function of the crime and the general sentencing in other similar cases, etc., it is determined that the Defendant needs to be punished by a heavy punishment permanently isolated from society, and thus, the Defendant should be sentenced to life imprisonment.

It is so decided as per Disposition for the above reasons.

Judge Park Jong-soo

Judges Dok-cheon