b. Violation of the Military Service Act

c) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes)

201st class 3624 (Joint Vehicles)

d. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents)

e) Violation of the Road Traffic Act (Non-licensed Driving)

(f) Abetting an offender;

Accommodation-si

Jeonnam of the original domicile

[Judgment of the court below]

피고인은 공익근무요원 복무를 이탈하여 도망 중이던 2010. 6. 7. 자신이 종업원으로 근무하던 통영시에 있는 " 1박2일 " 펜션에 숙박한 피해자 문88과 알게 된 후, 피해자 에게 자신의 이름을 " 최▣▣ " 이라고 소개하고 " 현재 펜션사업을 하기 위해 지인의 소 개로 와서 관리를 하고 있다. 나는 세종대학교 체육학과를 졸업했으며, 사업을 해서 현 금을 4억원 이상 가지고 있고, 부모가 건설자재공장을 하여 재력이 있다 " 는 취지로 거 짓말하여 피해자와 사귀어 왔다 . 1. 피고인은 2010. 7. 8. 사실은 차량을 담보로 대출해 주는 사업을 하지도 않고 피해자로부터 투자금 명목으로 돈을 받더라도 그 이자를 줄 의사나 능력이 없음에도, 전화로 피해자에게 " 내가 차량 대출 사업을 하느라 월 6 % 의 이자를 주고 전주들로부터 돈을 빌려 쓰고 있는데, 남에게 그렇게 높은 이자를 주는 것이 아까우니 나에게 돈을 투자하면 매월 7일 7 % 의 이자를 주겠다 " 는 취지로 거짓말을 하였다 .

As above, the Defendant, by deceiving the victim as above, took over KRW 40,80,00 on July 8, 2010, KRW 5,020 on July 12, 2010, KRW 00 on July 13, 2010, KRW 10,000 on July 14, 201, KRW 6,00,000 on July 14, 201, KRW 8,000 on July 15, 2010, KRW 00 on KRW 40,820,00 on July 21, 201, and KRW 40,820,00 on July 21, 201.

2. The Defendant: (a) opened a Masp account in the name of the victim; (b) even if having received the said cash card, there was no intent or ability to withdraw and use the money at will; (c) on July 6, 2010, the Defendant did not use the money at the Maspbook at the Maspbook branch of Korea, which is located in Suwon-si, Suwon-si, Suwon-si, with a view to raising the victim’s credit rating to benefit from obtaining loans for the future business; (d) opened a Masp account in the name of the victim; (e) opened a Masp account in the name of the victim; and (e) opened a 10-2-6-6-6-6-6-70-6-6-6-6-6-70-6-6-1-6-6-6-6-7270-6-1-6-6-6-7-7-7-7-7-7-77-7-77-7-7-7-7-7-7-7-7-7-7.

3. On July 2010, the Defendant did not have any intent or ability to repay the amount of money of the said account under the name of BMW 51 rental fees, living expenses, etc. issued with a credit card connected to the bank account in the name of the victim, even if he/she used the said amount under the name of the victim, and he/she would faithfully repay the lease fees to the victim who leased the difference of the existing performance with the performance of BM 320. The Defendant would be obliged to repay the amount of money if he/she sent the money with the need for money such as living expenses, etc. to the effect that he/she would complete the payment of the money. The Defendant: (a) obtained a credit card connected with the bank account in the name of the victim (Account number 849-10497- X -01); and (b) withdrawn from 200 days to 250 days on August 57, 2010 to 2014.

4. On July 2010, the Defendant: (a) did not have an intent or ability to repay even when having received a credit card from the victim under the victim’s name; and (b) did not have an intent or ability to repay it; (c) if the Defendant created a card with a high credit rating on the part of the victim, the Defendant would make a false statement to the effect that he would pay it after using the card.

The Defendant, by deceiving the victim as above, received 11 credit cards, such as the card in the name of the victim from the victim, and used the total amount of KRW 104,252,211 as stated in the attached Table (3) from around that time to November 2010, and acquired property profits equivalent to the same amount by failing to repay the remainder of KRW 45,50,500,000 by means of so-called credit card return prevention.

5. On August 2010, the Defendant: (a) did not have the intent or ability to pay the installment even if the Defendant purchased a car at the cost of the victim; (b) did not have the intent or ability to pay the installment; (c) the Defendant made a false statement to pay the payment of the internal installment to the victim when the Defendant purchased the car at the cost of an external vehicle, such as a small amount of dangerous load, halog, and so on.

On August 27, 2010, the Defendant, by deceiving the victim as above, had the victim acquire an amount equivalent to KRW 22,00,000 from 888 to NAsccoo, which is located in the Jung-gu Seoul Metropolitan Government High Vehicle Trading Complex in Suwon-si, Suwon-si, Suwon-si, “S case 888, which had the 88 network Co., Ltd. operating Eul, acquire pecuniary benefits equivalent to the same amount.”

[Judgment of the court below]

The Defendant had already concealed the fact that he was married and she was scamed with the victim Eul. On March 2, 2007, the facts prior to the Agricultural Cooperative Cash Payment Period in Namdong-gu, Incheon on March 2, 2007, which had no intent or ability to repay the money from the victim. However, the Defendant made a false statement to the effect that he would receive vehicle rental fees from the victim and pay the principal and interest to the victim. The Defendant, by deceiving the victim as above, received KRW 3,700,00 from the victim to October 27, 2007, including that he received KRW 105,380,000 from the victim to October 27, 2007 (4), all of which were stated in the list of crimes in attached Form 20 [Attachment 361, proviso 2010]

1. 피고인은 2010. 10. 중순경 수원시 권선구 권선동에 있는 탐앤탐 커피숍에서 이전에 나이트클럽에서 만나 알게 된 피해자 이DD에게 사실은 당시 차량 담보 대출 업무를 하지 않았고 돈을 빌리더라도 변제할 의사나 능력이 없음에도, " 돈이 필요하니 빌려달라. 내가 차량을 담보로 대출을 하고 있는데 돈을 빌려주면 월 7 % 의 이자를 주고, 원금은 약 3개월 정도 운용을 한 후 반환하겠다 " 는 취지로 거짓말을 하여 이에 속은 피해자로부터 최▣▣ 명의의 새마을금고 계좌 ( 계좌번호 90031 - XX

- As of October 27, 2010, KRW 7,00,000, KRW 12,000 on October 28, 2010, and KRW 00 on October 28, 2010, and KRW 31,00,000 on November 3, 2010, respectively, were remitted, and acquired KRW 26,50,000 on November 4, 2010, KRW 500,00 on December 29, 2010, and KRW 00 on December 29, 2010.

2. On November 19, 2010, the Defendant stated that “the Defendant would increase the profits from the purchase of the vehicle by again selling the vehicle after purchasing it,” and made the victim purchase KRW 26,00,000 from Hyundai Capital Co., Ltd. of KRW 65,50,00,00 from Hyundai Capital Co., Ltd. of KRW 22,50,00,00, and then, on February 19, 201, at the mother conference inciting the right to use the right to use the vehicle, the Defendant would make the victim repay the money to the victim without any intention or ability to repay the money even if there is no certain occupation or property, and even if the Defendant borrowed money from the victim, the Defendant would make the victim use of the vehicle at the cost of living, and would make a full payment if the claim is recovered by disposing of the vehicle at the cost of living.

"At the same time, the victim made a false statement to the purport, and caused the victim to sell the above vehicle in KRW 9,700,000 on February 10, 201, and around that time, he received KRW 5,300,00 from the victim and acquired it by fraud.

3. On February 11, 2011, the Defendant opened an account in the coffee shop located in the Busan Northern-dong, Busan, with the victim’s name (Account No. 1002- X 52745), and issued a physical card to the Defendant on February 2, 2011, after opening a separate account to prevent loans as collateral and manage profits from the vehicle. When depositing money into the account, the Defendant made a false statement to the effect that he/she would use the money with a physical card and pay back a certain amount of money if the secured loan claims are recovered. The Defendant would have the victim do so with a false statement to the effect that he/she would have the victim use the money with a physical card and pay back a certain amount of money. After having the victim deliver it to the Defendant using the physical card issued by the victim. < Amended by Presidential Decree No. 23293, Feb. 2, 2011>

24. From April 1, 201 to April 1, 2011, all 56 times, as shown in the separate crime list, withdrawn or remitted total of 3,63,270 won, or using the method of obtaining approval in return for goods or services.

[Judgment of the court below]

The defendant was called as public interest service personnel on June 23, 2003 and is in service in the transportation guidance department of Dongjak-gu Office.

The Defendant, from April 27, 2010 to April 30, 2010, from May 3, 2010 to May 4, 2010, from May 3, 2010 to May 4, 2010, from May 6, 2010 to May 7, 2010, was absent from work without any justifiable reason for at least eight days in total without any justifiable reason. [The instant case]

1. On March 26, 2011: around 30, the Defendant driven a car from the front of the Busan Police Station located in the Busan High-dong, Busan High-dong to the front road located in the Busan Northern-dong without obtaining a driver’s license from about 15km section from around 11°43 XX, and without obtaining a driver’s license.

2. The Defendant is a person who is engaged in driving a 11°43 XX car.

On March 26, 2011: Around 30 30, the Defendant driven the above rocketing car, and led to the flow of the white tunnel, which is located in the city of Busan, to the lower part of the fee of the white tunnel, from the Myeonk-dong at the Myeonk-dong of Busan, depending on the two-lane road.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly operating the front side and the left side side and the left side side, and accurately operating the driving and brake system.

Nevertheless, the Defendant neglected to do so and received the part of the back-hand part of the Defendant’s driving on the left-hand part of the car in front of the Defendant’s driving, which was driven by the victim leap, other than the victim leap, (39 years old) who was driven by the Defendant at the front of the Defendant’s leap, (39 years old).

The Defendant, by negligence in the course of performing such duties, sustained an injury by the fluoral finite, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the said damaged vehicle and taking necessary measures, such as providing relief to the victim, even though the said damaged vehicle was damaged to an extent equivalent to KRW 538,582.

3. On March 26, 2011: around 00, the Defendant made a statement to Doz, who is an intersecter, with a view to hiding a traffic accident and concealing the fact that the Defendant escaped, such as the entry in Paragraph 2, at the Mazine Mode room located in the Busan Northern-dong, the Defendant told Dozer to have Dozer make a traffic accident and escape, and had Dozer make a false confession.

As a result, the Defendant had DoD, on April 13, 201: around 14, 201: the traffic of the Busan Jindo Police Station and the Nindo Office Office of the Wondo Investigation Team stated that Docher had made the aforementioned traffic accident and attempted to escape from the offender.

[Case No. 2011 Highest 4260]

On May 1, 201, the Defendant: (a) 0.10 on an aggregate of KRW 10,000, KRW 10,000, KRW 10,000, KRW 10,000, KRW 10,000, KRW 10,000,000, KRW 10,000,000, KRW 10,000,000; (b) 10,000,000; (c) 10,000,000,000, KRW 10,000,000; and (d) 10,000,000,000, KRW 10,000,00,000; and (e) 20,000,000,000,000; and (e) 10,06,00,000,000,00.

1. Statement by the defendant in court;

1. Statement made by the prosecutor of the prosecution with respect to D;

1. Each police suspect's interrogation protocol of DoD;

1. 문88, 지QQ, 심이에 대한 각 경찰 진술조서

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Written estimate;

1. Details of card use (the number of pages 18, 201No. 3060)

1. Details of entry and withdrawal (in the case of No. 2011 high-class 3060, two rights of investigation records of the case, page 98);

1. Details of vehicle leasing and installment (in the case of No. 2011 Highest 3060, two books of investigation records of the case, No. 108);

1. E-mail data (201No. 3060, J. 235, E-mail);

1. A motor vehicle transfer certificate (3rd page 41 of the investigation records of the case, No. 2011st class 3258);

1. Details of the transactions of entry and withdrawal (the investigation records of the case, No. 2011 high-class 3258, page 45);

1. A motor vehicle transfer certificate (in the case of No. 2011 high group3620, two rights of investigation records of the case, No. 13);

1. Statement of details of savings deposit transactions (in the case of cases No. 201 high-class 3620, two right of investigation records of the cases, No. 28);

1. Documents related to vehicle loans (two books, 39 pages for investigation records of the case No. 2011 high-class 3620);

1. Details of transactions (in cases of No. 2011 Highest 3620, two copies of investigation records of the case, No. 71);

1. A written investigation of escape from service (in the case of No. 2011 high-rise3624, 3rd page 4);

1. Each list of trading details (the investigation records of the case No. 2011 High Court Order 4260, No. 102, 104);

1. Details of the use of each card (the number of pages 105, 106, 109, 110, 112, 114, 117, 120, 122, 123, and 124 of the investigation records of the cases set forth in HS No. 2011, 4260);

Application of Statutes

1. Relevant Article 347(1) and (2) of the Criminal Act concerning the facts constituting an offense: A comprehensive provision of Article 347(1) and (2) of the Criminal Act;

- Cases No. 3258, 3620, 4260 of order: Cases under Article 347(1) and Article 347(1) and Article 3624 of the Criminal Act inclusive for each victim: Article 89-2 subparag. 1 of the Military Service Act

- Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148, 54(1), 152 subparag. 1, and 43 of the Road Traffic Act; Articles 151(1) and 31(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

All of the remaining crimes except the violation of the Military Service Act shall be punished by imprisonment.

1. Aggravation of concurrent crimes;

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

Grounds for sentencing

In addition, the Defendant committed each of the instant fraud repeatedly against many victims for a considerable period of time, and even though the amount of damage caused by each of the instant fraud was a considerable amount, the Defendant may not be sentenced to the punishment corresponding to the nature of the crime and the circumstances of the crime since it did not make up for the victims at all. However, the Defendant may not be sentenced to the same punishment as the disposition, taking into account the following: (a) the Defendant voluntarily attended an investigation agency after each of the instant crimes and voluntarily responded to the investigation in good faith; (b) the Defendant was able to take advantage of his belief in depth; and (c) the Victim was able to take a preference against the Defendant.