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(영문) 수원지방법원 성남지원 2015.11.26.선고 2015고합156 판결

가.폭력행위등처벌에관한법률위반(상습집단·흉기등상해)·나.업무상횡령·다.사기·라.사문서위조·마.위조사문서행사·바.폭력행위등처벌에관한법률위반(집단·흉기등상해)·사.폭력행위등처벌에관한법률위반(집단·흉기등폭행)·(인정된죄명:특수폭행)·아.폭력행위등처벌에관한법률위반(공동공갈)·자.폭력행위등처벌에관한법률위반(공동강요)·차.폭력행위등처벌에관한법률위반(공동폭행)

Cases

2015Gohap156 A. Violation of the Punishment of Violences, etc. Act (Habitual group, deadly weapons, etc.)

(b) Occupational embezzlement;

(c) Fraud;

(d) Forgery of private documents;

(e) Exercising a falsified investigation document;

(f) Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.;

(g) Violation of the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.);

(Recognized Crime : Special Violence)

(h) Violation of the Punishment of Violences, etc. Act (joint attack);

(i) Violation of the Punishment of Violences, etc. Act (joint coercion);

(j) Violation of the Punishment of Violences, etc. Act (joint assault);

Defendant

1.(a)(b)(c)(e)(i)(63)(T)(T) and former university professors;

2.(a) and (2)( South and North Korea) and Company(s).

3. (a) KimO, (86 years old, south), and Company Board; and

4.(b)(g) . H. H. H. H. D. D. D. D. D. (88 years N.S.), Company Board

Prosecutor

Prosecutor’s book-type (prosecutions) , lecture decoration, Kim Jong-sung (Trial)

Defense Counsel

No.454, Nov. 1, 2005

Attorney Park Jae-han

Attorney Cho Young-kon

Imposition of Judgment

November 26, 2015

Text

(1) The No.45 of the Constitution of the Republic of Korea(No.45 of the Republic of Korea) shall be sentenced to imprisonment of 12 years, 2 years, 3 years, 3 years, and 4 years.

Imprisonment with prison labor for a term of three years.

A piece of aluminium sealed Aluminium (No. 1) shall be confiscated from the Defendants.

Reasons

Criminal facts

Defendant 1: (1) The full-time professor of the Design Department of Magnam University (the President of the University); (2) Mannam

The Chairperson of the ○○ Council, an incorporated association in the Si (hereinafter referred to as the "Council"), the Chairperson of the Council, and the ○○ Knowledge Council, an academic organization,

A corporation (hereinafter referred to as "the Council of Knowledge Studies") which is the president of the Council of Knowledge Studies, the Ministry of Trade, Industry and Energy as an authorized design specialized company.

8 Design (hereinafter referred to as "eight design") is an actual operator, and defendant ②, defendant ②, defendant ②

(1) He was enrolled in the Council in September 2013, and defendant Kim third is a victim's whole ○ (86 years and 7 years).

In January 2012, 2012, the university, such as the University (Songsan University) was enrolled in the 8 design at the same school number.

D. D. D. D., the No. D., of the Republic of Korea, shall be admitted to the Council on October 201, 201, eight designs:

It has been in charge of the accounting of the Council and the Knowledge Council.

1. Violation of the Punishment of Violence, etc. Act (Habitual Group, Deadly Injury by Deadly Deadly Weapons) 1, 2, 3 or 3;

No.4.4. Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.), special violence, and violence

Violation of the Punishment of Violence, etc. Act (joint conflict), violation of the Punishment of Violences, etc. Act (joint coercion), violence

Article 20 (Joint Violence)

As follows, ①, ②, ②, ③ by public offering, and habitually dangerous articles

As a result, the No.454, the No.455, the defendant's injury, and the No.454, the defendant's injury

To commit violence against the victim, to injure the victim by carrying dangerous articles, and to commit violence against the victim;

The victim took money from the victim and had the victim do a non-obligatory act.

A. Head of defendant ① sole offender

(1) The Defendant: (1) the victim, who is a member of the Council and who is a member of Pyeongtaek University, has properly performed his duties.

on August 31, 2012, when he/she assaulted a victim due to a book, etc. for reasons such as not being able to hold a consultation.

In the office of the Board, "I am a letter. If you do not complete it, I am a copy of the district."

(c) from November 2010 to August 7, 2012, in the occupational company;

In a good manner, the company has suffered monetary and reputation damage and has destroyed reliance between the company and its employees;

be responsible for a part of the damages incurred during that period, and to compensate for 10 million won;

according to this, it shall not be required to raise any civil or criminal objection. It shall be noted that the payment is not made.

(d) Preparation of a letter. The term "intimidating the victim to the effect that it is hot, and causing the victim to do so, of the same content.

to prepare a written rejection of payment, and to make it perform non-obligatory work.

(2) At the office of the Council of F.M. M. M.D. on March 2013, the Defendant has prepared for events before the works.

A assaulting a victim by taking about about 10 - 20 times the face of the victim due to insufficient reasons;

was made.

(3) The Defendant: (a) on January 6, 2015, from 00 to 00:30 on the following day, the Council office is held by the Defendant.

The victim who moved a stuff in the underground parking lot of this paper appears to have been sitting in one seat.

Affairs concerning 30 times or more bucks on the left-hand side of the victim with fingers and fingers, following them.

Aluminium, a dangerous object, when moving to a room, at a number of sides of the face of a slovas;

approximately 60 m) The left-hand side in need of hospital treatment for about 8 days to the victim on several occasions when the parts of arms are sold and sold.

Earth blood species, etc. were injured.

B. Head of the Defendant ①, B, and III Joint Conducts in Chapter ②, B and III

Defendants shall be subject to the Council’s approval during several times between April 2014 and June 20, 2014.

The victim is unable to properly perform his/her duties in theless room and his/her life habits is too low.

by reason of subsection (1) and (2) of this section give the defendant ②, ②, and ③

Defendant ②, Kim third, the case of Defendant ②, the case of the victim’s bucks

Down et al. approximately 10 times.

Accordingly, the Defendants committed violence against the victim by carrying dangerous objects jointly.

C. Head of defendant ①, Kim third, and No.44

Defendants did not properly perform their duties at the office of the Council around June 20, 2013.

For the reason that the injury was caused by the failure, the head of the defendant â…………………, â…………, there is no No.D.

The victim caused enormous damages to the company in the place of the incident.

Ro-ro 50,000,000 won shall be drawn up. The term "as a victim of a high threat to make it hot."

After making such a statement, the head of Defendant 1 and the No.454, Defendant 1 and the No.45

D. According to the No.454, the No.454 decided May 1, 201

(d) comply with the statements made at the end of this month by the victim. The amount of reimbursement made at the end of this month

the amount stated in the appropriate column shall be deducted and signed in the amount stated in the column;

From this year, a signature was signed in the "Personal Identification Card for Performance of Notarial Obligations".

Defendants jointly and severally, from the victims of frightenage, frightening the victims.

On January 3, 2014, 300,000 won was deducted from benefits under the pretext of partial repayment of the obligation.

from that time to August 2014, the sum as described in the list of offenses in the attached Form (2) in the same manner.

The sum of 2, 491, 620 won was deducted through eight times.

D. Chapter 1 ①, Section 2, Kim 3, No.445

(1) Chapter 1 ①, Chapter 2 ②, and Chapter 3 are assaulted by the victim as described in the above paragraph b.

Defendant at the office of the police council around June 2014, 2014, who is well fluored or volatiles of Aluminum, or who was in the office of the council.

The No. 1 of the Defendant ordered the No. 5 of the No. 5 of the Republic of Korea to purchase Aluminium-free net, and the Defendant

No.4. D.D.) Accordingly, the No.D. purchase at the P.D. A.I.D. A.I.D. A.I. M. H. H. and then purchase at the P.D.

The head of the defendant ① on the ground that the victim was unable to properly perform his duties, etc.

(2) ②, Kim third, the order of the victim at time, and the defendant Chapter ②, and Kim third, the above order shall be followed.

The victim's buckbucks, which is an object of examination, caused by alkbucks, when the victim's bucks part, etc. are sucked.

from that time to that time, during July 2014, the Aluminum camping net, which is a dangerous object over several times.

Therefore, when the victim's bucks, etc. are held several times, and on July 19, 2014: around 00 ;

The Council office from 02:00 to 00 that the victim cannot perform his/her duties properly.

For this reason, the head of the defendant ②, ②, and ③ instruct the defendant ②, ②, and ③ to the victim at his time;

Defendant ②, Kim third, the case of Defendant ②, the case of the victim’s bucks

The Ministry of Justice made several times.

As a result, the Defendants carried dangerous articles jointly with the victims for about six weeks.

In the right bucks, the right bucks, which require the fee, caused the injury such as infectious infection infection, skin loss, etc.

(2) The Defendants had the victim suffered hospitalized treatment after suffering from an accident as described in the above (1).

Other parts, such as muckbucks or bucks, in addition to the victim's bucks, due to a huge amount of alkinum or lebucks.

The discharge of the victim has not yet been made during the continuous assault, such as brusing, etc.

Hably, the Hoba credit frame (the largest gas) purchased, thereby spreading to the victim, and then spreading it to the victim.

At around October 2014, Defendant 1: (a) ordered the No.4 of the Defendant to purchase the lowest gas.

D. D. D. D.O.P. purchase the Ho-credit framework containing L. R. L. L. L.D., and then:

On November 23, 2014: 02: at least 00, the victim’s work at the Council’s office - - the design’s work

chapter â……… for the reason that the defendant does not take place in the chapter â……………) shall be the defendant ②, Kim â………………………)

Section B, Kim third gives instructions as ppuri to the face of the victim, and Section B, Section B, Kim third, the victim's face.

During dusting the press, the victim complained of the suffering, and the escapeer, the defendant 1 and the defendant 1 are bound by the loss.

The following order shall be given to the maximum gas roots, and the defendant B, B, C and C shall be subject to this order.

The face of the victim after breaking the victim's hand and leg with stringing the victim's hand and leg; and

After covering a plastic paper, the credit press, which is a dangerous object, has been spreaded and spreaded into the plastic paper.

As a result, the Defendants carried dangerous articles jointly with the victims for about four weeks.

Since September 17, 2014, including the act of causing injuries to images, etc. on the part of the inner part requiring medical treatment.

November 23, 2014: 02: From 00 to 00, 12 times in total (the head of the defendant) as shown in the list of offenses in attached Form (1).

(2) B, except No. 2, No. 5, No. 5, No. 5, No. 5, No. 5, No. 5, No. 5, No. 5, No.

Violence or injury is inflicted on the victim due to a shot or alkin shotum, camping net, etc.

A.

(3) The head of Defendant 1 ①, Kim third, No.D., the No.D., at the office of the Council around June 2013, 2013.

(1) The victim shall be the victim by means of a book, etc. for the reason that the victim cannot perform his duties properly.

During assault or intimidation, Defendant Kim third, and the No.D. No.D. of the No.D., the victim “h.h.”

The occurrence of enormous financial loss and dissatisfy between the company and its employees for three years due to business loss;

the Commission may not continue to engage in an indecent act and honor any longer.

The other corporation shall be entitled to compensate for any damage which has been caused by yellow dust, and the other corporation's office.

compensating for the eight design account in a manner that allows them to be paid as allowances to them;

Any person who has promised to pay the total amount of KRW 50 million up to December 31, 12, by means of a notarized certification by a law firm.

(d) prepare a letter of intent. The term "intimidating a person by intimidation and causing the victim to take advantage of such a person, to the same effect as such;

by the same method from that time until February 26, 2015, as well as by requiring the writing to be drawn up.

(3) have the victim draw up a letter, etc. over a total of 22 times, such as the statement in the

was made.

As a result, the Defendants jointly (as to Defendant B, No. 1-3, 10-22) and excludes Defendant B from No. 1-3, 10-22

The No.I.D. 11 - 11, 13- 14, 16- 18, 20- 21, and No.D. No.D. 11-22) damage

A person has caused the person to do an non-obligatory act.

(4) When the Defendants were discharged as described in the above (2) to the extent that the Defendants had not been discharged.

I am hickly boomed on the side or man(s). I am 'I or I am I am I am I am.'

1. The act of citing 14 stuffs that contain 'refluents' or 14 stuffs, etc.

On September 2, 2014, 2014 at the intervals of unity: around 00, the victim's handling of affairs at the Council office;

For reasons such as failure to do so, the head of the defendant ① will no longer take place with the victim’s “I will no longer take place.”

Oral may also take place in the Korean World Cup, and may also take place again. The term “B” and the Defendant B B.

Oral instruction, Defendant B, subject to this instruction, and Defendant B, subject to this instruction, and the victim

the time, including making a piracy to do an unobligatory act by making the piracy complete; and

J. B by March 28, 2015, as shown in the Schedule of Crimes (4) from March 28, 2015, 16 times in total (defendant B)

No. 13 except No. 5, No. 8, No. 10, No. 14, No. 8, No. 14, No. 4444

(other than Nos. 4, 7, 10, 11, 13 - 16) to see the victim or to see the victim's portion (one person).

If a person gets to drink or see a 's seat' or 'A4 stuffed' or 'A4 stuffed so that he/she does not have any duty to do so.

was made.

2. Chapter 1: (1) Business Embezzlement. D. D. Business Embezzlement.

Defendants are entitled to make payments to false employees, and the Defendants are entitled to make payments or make an excessive estimate.

The victim council, the knowledge council, and the eight design in such a manner that they are paid up and returned.

No.44, the No.4555, the No.455, the No.455, the No.455, the No.455, the No.45

The account has been deposited in the account and has been managed in business.

A. On March 8, 2012, the Defendants: (a) from the above Korean bank account, incur indirect official business expenses in the name of Defendant Chapter ① from the above Korean bank account.

at least 1.5 million won is transferred to a post office account in the name of the defendant head ① while being kept for business.

on the date of the transfer of KRW 1.3 million to the national bank account under the name of thisA, the head of

Attached List of Crimes (5) up to April 29, 2014, including embezzlement and embezzlement, from that time;

the sum of the funds of the victims entered the above bank account 19 times in total, such as

69, 930, 021 won was embezzled for personal purposes such as living expenses.

B. Defendants: (a) Sungnam-si, Sungnam-si on July 24, 2012 - Dong Medi = No. D. D. of the Defendant’s Government

After leasing under the name of the victims on August 4, 2012, the amount of KRW 9 million for the victims’ money deposited in the above bank account

B. A arbitrarily transferred to KimB for the purpose of the instant officetel deposit and embezzled, including embezzlement:

From June 1, 2015 to June 1, 2015, the bank above 54 times in total as shown in the list of offenses in attached Form (6).

Personal use, such as rent and management expenses, etc., of the total amount of KRW 31,97, and KRW 630 of the funds of the victims entering the account;

Embezzlementd by discretionary use of roads.

C. The Defendants’ funds to the victims entering the said Korean bank account on August 6, 2012

5. Embezzlement 456,00 won by arbitrarily transferring the No.456,00 won under the name of No.448, May 1, 201

from that time to January 5, 2015, 4 times in total, as shown in the Schedule of Crimes (7) from that time, from that time to that time,

12,382,00 won in total, and 12,380 won in the Korean bank account.

The embezzlement was made by arbitrarily using the tuition for personal purposes, such as tuition.

As a result, the Defendants conspired to make up for the total amount of 114,309,651 won in occupational embezzlement.

was.

3. The fraud between Defendant 1 and ①

The Defendant, at the △△△△ Foundation, uses to subsidize expenses for the publication of domestic academic papers at the victim △△△△ Foundation.

The author tried to acquire the subsidy by means of applying for the collection of the copies of the publication.

A. On August 17, 2012, the Defendant’s domestic academic land that was conducted by the Victim Foundation at the office of the police conference on August 17, 2012

In applying for subsidies to the Support Project, the Council shall print 1,00 copies of the domestic academic paper at the meeting of the Council.

D. However, in fact, 1,00 copies were issued only 200 copies but only 1,00 copies were issued.

There was no intention to issue.

As such, the Defendant deceiving a person in charge of supporting the domestic academic site of the Victim Foundation to do so.

on December 31, 2012, Korea bank account under the name of the Council on December 31, 2012

from that time to December 29, 2014, including deposit of KRW 5 million in the subsidy for the issue expenses.

by means of the same manner, such as the list of offenses (8) in attached Form 8, from the victim foundation in total three times;

A total of KRW 1,7 million was deposited.

B. On August 17, 2012, the Defendant’s domestic academic land conducted at the Council’s office to the Victim Foundation.

In applying for the subsidy to the Support Project, "50 copies of the domestic academic paper shall be printed by the Council of Knowledge Studies".

A false statement was made, however, to the effect that the facts were 200 copies, and 500 copies were issued (printed).

There was no intention to issue.

As such, the Defendant deceiving a person in charge of supporting the domestic academic site of the Victim Foundation to do so.

The member, through a person in charge, is established by the victim foundation on December 31, 2012. (4) No.4449, established under the name of No.484.

5 million won, including the receipt of a subsidy of 5 million won from the National Bank account of the Food Council;

J. Until December 29, 2014, up to three times in total as shown in the List of Offenses (9) in the same manner as the same manner.

It received a total of KRW 10 million from the victim foundation.

Accordingly, the defendant acquired a total of 30 million won from the victim.

4. Forgery of private document ① by Defendant 1, or uttering of private document

A. On January 16, 2012, the Defendant received support as described in paragraph 4-A at the office of the police conference around the following day:

for the purpose of using the computer as an explanatory material for the expenditure, the prior ○○ uses the computer.

by means of writing and printing the name, standard, quantity, unit price, and amount of the product after making the book format;

8, 069, and 000 won notes in the name of the stock company, which are private documents related to the verification name, shall be forged.

from time to October 22, 2013, as shown in the Schedule of Crimes (10) from time to time, as well as from October 22, 2013

8 copies of the estimates in the name of the Geju corporation and the gap (business owner Kim ○), which is a private document on the verification name;

each forgery of each of the above, and then cans as if the above forged quotation was duly formed.

The following written estimates of forgery 1 to 4 of the list of crimes shall be the date of the crime in December 2012, and the date of the crime

Each written estimate of forgery 5 through 8 shall be made on the homepage of the △△△△ Foundation in December 2013.

Round and exercised each of them. 1)

B. On March 2, 2012, the Defendant received support at the office of the police conference on March 2, 2012 as described in paragraph 4-B.

The use of a computer for the purpose of using it as supporting materials for a customer of money.

form of the estimate shall be made and then the name, standard, quantity, unit price, and amount shall be stated and printed.

of 5,600,000 won in the name of the corporation, which is a private document related to the certification of facts

from time to December 6, 2013, as shown in the Schedule of Crimes (11).

○ Co., Ltd., a private document on the verification statement, and 8 copies of a quotation in the name of ○○ Co., Ltd. and the gap (business owner Kim ○)

each forgery of each of the above, and then cans as if the above forged quotation was duly formed.

The following written estimates of forgery 1 to 4 of the list of crimes shall be the date of the crime in December 2012, and the date of the crime

Each written estimate of forgery 5 through 8 shall be made on the homepage of the △△△△ Foundation in December 2013.

Round and exercised each of them. 2)

Application of Statutes

1. Relevant Articles of criminal facts;

(a) Head of defendant 1 ①

1) The point of habitual injury with a deadly weapon: Article 3(3)3 of the Punishment of Violences, etc. Act;

Paragraph 1, Article 2 Paragraph 1 Item 3, Article 257 Paragraph 1, and Article 30 (General Provisions) of the Criminal Act

[Habitual defined in Article 2 (1) of the Punishment of Violences, etc. Act]

It does not mean only the habituality of each of the crimes listed in the subparagraphs, but also the same

of all the criminal acts listed in subparagraphs of this paragraph means the habition of an act of violence.

Since it is reasonable to interpret that the above person with such a habitor is an act of violence, etc.

Other species of the Criminal Code listed in each subparagraph of Article 2(1) of the Punishment Act;

When a person commits a crime, each act shall be deemed to constitute a habitual violence of the most severe statutory penalty of the relevant subparagraph.

It is considered that the crime constitutes a single comprehensive crime, and in this case, it is recognized as a habitor of violence.

(1) whether each act of violence has been committed independently or jointly with others.

Whether it is a matter of whether it is a single crime for habitual offenders

(see, e.g., Supreme Court Decision 2008Do3657, Aug. 21, 2008); Defendant 1 ① Head;

(2) ② In the case of Kim third, each subparagraph of Article 2(1) of the Punishment of Violences, etc. Act

(1) An act of committing a crime under each section of the Criminal Code, i.e., injury, assault, coercion, coercion, attack, etc.;

In general, each injury, assault, coercion, or attack, as stated in the judgment is recognized as a habit of an act of violence.

In addition, violation of the Punishment of Violences, etc. Act with the most severe statutory penalty (a habitual group or chest);

Since the crime is an all-inclusive crime, only the above applicable provisions of law shall be stated, and

The applicable provisions of Acts to each crime of violence, coercion, and violence shall not be separately stated; hereinafter the same shall apply)

2) The point of occupational embezzlement: Articles 356, 355(1), and 30 of each Criminal Act (in all respect of each victim)

3) Fraud: Article 347(1) of each Criminal Code (Article 347(1)(a) and (b) of each Criminal Code

inclusive for each subsection)

4) The act of aiding and abetting private documents: Article 231 of each Criminal Code

5) Possession of the event of a falsified investigation document: Articles 234 and 231 of the Criminal Act

B. Defendant B, Kim Byung-soo

Article 3(3)3 and (1) and Article 2(1)3 of the Punishment of Violences, etc. Act;

Articles 257(1) and 30 (General Provisions) of the Criminal Act

C. No. 544

1) The point of injury by carrying a deadly weapon: The Punishment of Violences, etc. Act (Law No. 1283, Dec. 30, 2014)

Articles 3(1) and 2(1)3 of the Criminal Act (amended by Act No. 12896)

Articles 257(1) and 30

2) Specific assault: Articles 261 and 260(1) of each Criminal Code

3) Joint attack: The former Punishment of Violences, etc. Act (Law No. 1283, Dec. 30, 2014)

Article 2(2) and (1)3 of the Act, Article 350 of the Criminal Act

Article 1 (General Provisions)

4) Joint coercion: Each old Act on the Punishment of Violences, etc. (Law No. 30 December 30, 2014)

Article 2(2) and (1)2 of the Act and Article 324 of the Criminal Act;

Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, and Article 324 of the Criminal Act [Attachment]

A list of crimes (4) No. 12 joint coercions

5) The point of joint assault: Each old Act on the Punishment of Violences, etc. (Law No. 1283, Dec. 30, 2014)

Article 2(2) and (1)1 of the Act and Article 260(1) of the Criminal Act

6) Occupational embezzlement: Articles 356, 355(1), and 30 of each Criminal Act (In all cases, including for each victim)

1. Competition;

Defendant ①: Articles 40 and 50 of the Criminal Act / [1] Articles 40 and 50 of the Criminal Act / [10] 1 through 4

Forgery of each of the crimes of uttering of each of the above investigation documents, and forgery of a statement in No. 1 of the list of crimes with the largest offense

Punishment to be imposed on the crime of uttering of private documents; 2. Table Nos. 5 through 8 of the annexed List of Crimes (10)

Between the crimes of uttering of an investigation document, and between the crimes, the fact that the offense is the most severe, 8 entries in the list of offenses Nos. 8

Punishment to be imposed on the crime of uttering of documents; 3. Table Nos. 1 through 4 of the annexed crime list (11)

Between the crimes of uttering of investigation documents, and between the crimes of uttering of investigation documents, the fact that the offense is the most severe, 4 entries in the list of offenses

Punishment of the punishment imposed on the crime of uttering (4) each of the items in [Attachment 5-8] Nos. 5 through 8 of the list of offenses

Between the crimes of uttering of private documents, and a perjury 8 described in the list of offenses in which the most serious offense is committed.

Punishment for a crime of uttering 】

1. Selection of penalty;

Crimes of violation of the Punishment of Violences, etc. Act (joint conflict), each occupational embezzlement, each fraud, each special width

The crime of committing each private document, the crime of forging each private document, the crime of uttering of each private document, the violation of the Punishment of Violences, etc. Act (joint)

b) Selection of each imprisonment with prison labor for a crime

1. Aggravation for concurrent crimes;

(a) Head of defendant ①: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most severe punishment)

Violation of the Punishment of Violences, etc. Act (Aggravated Bodily Bodily Bodily Bodily Bodily Bodily Injury)

B. No. D. D. of the No. D. of the Defendant: the first sentence of Article 37, Article 38(1)2, Article 50, and Article 50 of the Criminal Act

(1) Violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)

h) Aggravation of concurrent crimes resulting from the crimes

1. Confiscation;

Article 48(1)1 of the Criminal Act

No. D.D. and his defense counsel's argument

1. Summary of the assertion

(1) As to paragraph (1)(c) of the judgment, the Defendant is in charge of accounting affairs, and the Defendant is in charge of ① order.

d) only transfer the benefits to the victim after deducting each amount in the judgment, and directly assault the victim;

(2) With respect to paragraphs (1) and (2) of Section 1-D (1) of the holding, the respondent shall not be subject to any

J. B under the direction of head(i) and (ii) purchase a camping net and a mutual credit frame, and B.

It is true how to see the victims. "It is true that the victims have made a fluence or a fluence, but it is not true that the victims have made a fluence.

(3) As to section 1-d. (3) of the judgment, the defendant

the victim was at the scene of preparation of the statement, and the victim was directly assaulted and threatened by the victim.

(4) With respect to subsection (d)(4) of section 1 of the ruling, the defendant shall not be subject to section B(2).

"Methods of victims" are referred to in 198, " only in fluencing or lowering the victim," and the specific extent of the victim.

It is also true that the victim did not specify and direct the act and forced the victim to directly commit violence and intimidation.

(2).

Therefore, even if the defendant is not liable for aiding and abetting each of the above crimes.

No liability as a co-principal shall be responsible.

2. Determination

(a) The co-principal provided for in Article 30 of the Criminal Act is a functional act based on the intention of co-processing and the intention of co-processing;

It is established by fulfilling the subjective and objective requirements of committing a crime through the ship, among the competitors;

A person who does not directly share and implement part of the constituent elements of a crime, but has committed a total crime.

the status of that person, role, control over the progress of the crime, etc.

functional conduct through essential contribution to the crime, not just as a mere contestor, but also as a functional conduct

to commit a crime committed by another competitor, if such control exists;

Punishment as a co-principal (Supreme Court Decision 2010Do7733 Decided October 27, 201, etc.)

[See] The essence of the co-principal is that the nature of the co-principal is in functional control by division of roles.

Therefore, the co-principal is a functional control by the co-principal, while the co-principal is a place of such action.

In that sense, both parties are distinguished in terms of absence (see Supreme Court Decision 88Do1247 delivered on April 11, 1989, etc.).

B. According to the evidence duly adopted and investigated by this Court, the following circumstances are met:

shall be determined.

1) The content of each of the crimes shall be in collusion with head ①, ② ②, and ③ Kim third, the defendant, in collusion with heading, ②, ②, and ③.

from January 3, 2014 to August 29, 2014, as described in the list of crimes (2), a victim shall be authenticated.

1. The amount of monthly salary of the victim shall be eight times from the victim's monthly salary by making the victim sign and affix his/her seal to "the identification of the obligation."

(C) the sum of 2,491,620 won was deducted, and the same was reconced (Article 1-3(3) of the judgment) and (2) June 20, 2014.

When the victim’s buckbucks, etc. from around July 19, 2014 to around July 19, 2014 are caused by Aluminum air-conditioning networks.

In order to avoid bucks, injury was inflicted on the parts of the bucks (Article 1-4(d)(1) of the judgment), (3) Schedule of Attached Crimes (1) of the judgment

3. 8 times from September 17, 2014 to November 23, 2014, as described in 1, 4, 6, 8, 9, and 12

over a period of time, the victim assaultss by using a spherb credit frame, an Aluminium enormous, an Aluminium camping net, etc.

B. The victim was injured by the victim (Article 1-4(d)(2) of the holding), 4. The victim's s/heaba

Attached Table (3) Nos. 1 through 3 of the List of Offenses (3) such as making a bill or a notarial deed based thereon be prepared.

As described in 10, from June 20, 2013 to March 3, 2014, 10 times have no obligation to perform a non-obligatory act;

(D)(3) of the judgment, and (5) of the victim B/III or the action of the victim.

Section 1 to 3, 5, 6, 8, 9, and 12 of the annexed Table of Crimes (4), such as making a person take fluorites, etc.

As such, from September 2, 2014 to February 4, 2015, the fact that he/she had eight times perform an act for which he/she does not have any obligation.

[No. 1-d. (4)]

2) Chapter 1 ①, etc. is in the actual custody of the victim at the Council’s office for a long time.

In addition, crimes such as assault, injury, coercion, coercion, attack, etc. are committed by gathering the victim's business, attitude of life, etc.

The organized and repeated crimes have been committed, and each part of these crimes is part of those crimes.

3) (1) The Defendant is a chief officer ② or the lowest officer ② as the chief officer, and is superior to the victim.

(2) Embezzlement, as described in paragraph (2)(b) and (c)(1) of the judgment, embezzlement in collusion with head(i)(i) is made.

For the purpose of the Council, the Council of Knowledge Studies, and the funds for eight designs, the officetel deposit and the tea of the accused.

(3) Kim third is the same as the defendant himself/herself in this Court.

The section section 1 does not have section 1. The section 1 does not have section 1. The section 1 does not have section 1. The section 1 does not have section 1.

Section 1, Section 1, the Council, the Academic Council, and the 8 design. The testimony to the effect that the testimony is made, Section 1 is made, Section 1.

Does that leave the accounts of the defendant to the defendant and that Does that are important in one's room are the defendant.

(2) evidence records, 851 pages, 853 pages), 5, 10,00

B. Contents of dialogues given and received in the Kakakao Stockholm (Evidence No. 4, 1644 pages to 1694 pages), etc.

On the other hand, the defendant has a special relationship with 1st head ① who was put to the military with a new existence at the Shee conference.

shall be maintained by the victim as well as by another accomplice, Kim third, and ② substantially superior to the victim.

The position seems to have been in the position.

4) In the instant case, the Defendant: (a) the core criminal escape net and the heading credit presses; (b)

It is predicted that it will be used for the crime of assault or injury to the victim.

In addition, the Defendant directly purchased this in accordance with the direction. In addition, the Defendant suffered damage to the outside.

of the victim to monitor or control the use of the cellular phone;

(3) evidence recording, 1065 pages 1065, 1990 pages) and the Defendant’s instructions ①.

(3) The custody of the notes, etc. in paragraph (1)(d)(3) of the judgment, and any part of them shall be made and made by the victim.

They also play a role in obtaining withdrawals or causing victims to be notarized (Evidence Records 3)

Above 1065 up to 1066 pages, 1357 pages, 1396 pages, 7°3028 pages up to 3029 pages, 3057 up to 3058 pages up to 311 up to 3112

either, 3162 between 3162 and 3163), the existence of such notes and notarial deeds has become the victim's belief to escape.

She appears to have been the main factor (Evidence 1, 385 pages, 1050 pages, 4, 1696 pages, 5

194 pages, 7 3289 up to 3290 pages)

5) The victim is a person under investigation and investigation authority to give notice to B by the defendant to B and this person.

There was a food for minute (Evidence 1048 pages, 1050 pages, 4° 1699 pages, 1709 pages, 1709 pages). Defendant

② Ordering assault to B is more than 10 times (Evidence No. 4, 1702 pages) and the Defendant himself.

1.2 1.2 1.2 1.2 1.2 2.2 2.2 2.2 : 1. 1. 2. 1. 2. 2. 1. 2.

In addition, the same punishment, such as ‘satisfying', has been directly imposed (Evidence Record 5, 1985).

On the other hand, 1988, 2016. "I clearly state to the effect that I would like to make a statement". Kim third-do also in the prosecution, "I would like to avoid".

If the injured is the number of rooms in the course of business, why the injured party does not properly manage the injured party. "......."

In addition, the defendant assaults the victim, such as "B", "B", "B", etc.

upon instruction to do so, the victim was assaulted due to a huge amount of alkinium, e.g. (b) alkinium, e.g.

3019 pages 7, 3019) “A defendant, although he did not directly commit an act of assault, he did not make his judgment.

(B) If the victim fails to perform his/her duties properly, the victim may assault him/her or beer

I also directed us to spread sss. I also talk about how to see ss.

(3) If the measures were not taken as the end, there was no reason to believe that the measures were not taken as the end, and that there was no reason to believe that the measures were bad

Appendix 7:3023 pages). "B" also made a statement to the effect that it would be. ② "Defendant" in the police station in October 2014.

At around 15: 00, the processed matter was considered to be potable on the ground that the victim had been in practice.

Accordingly, he/she intends to drink excreta in his/her office, and the defendant smelled in his/her corridor.

There is a fact that the victim would keep the hallway together with the victim to drink the processed matter.

C. (1836 pages between 1836 and 1837) The direction of “the Defendant’s measure ..” to the victim according to its direction.

There are several times of assault or cruel act. The number of times of assault or cruel act is 1, 1, 3, 1, 1, 3.

The defendant is unable to perform his/her duties as much as possible. The defendant is only when the victim is unable to perform his/her duties in good faith.

In addition, even if a person personally presents fake evidence, he/she takes the measure "......" (Evidence No. 4, 1840).

B/1841 pages). “The Defendant himself made a statement to the purport that it would be. The Prosecutor’s office also made “the victim directly breadth.”

I do not have any kind of conduct. Provided, That it is frequent that the work to be secured has been damaged by the victim.

For each time, "B" must be re-issued due to the victim, and is too urgent.

We see. â…………………………………………………………â……………………………………………………………………

v. (7°3102 pages 3102 of evidence records) “In most cases, a person who handles, or assaults on the scene of violence”

The process was observed to the extent, and where there is an obstacle to the affairs of the victim's actual waterway.

T. ② I will not live as a victim, and how you will see. B, when you use, the term “B”.

2. He was punished, such as fluoring the victim or fluoring the tear gas (Evidence Records 7 3106).

m) “The Defendant made the statement.” In light of these statements, the Defendant’s assault against the victim; and

In Cruel acts, their own own independents without complying with the extent of brushing or sashing them.

It is sufficiently recognized that active participation has been made according to the person's decision.

6) In the case of a crime under section 1-C of the judgment (a crime to be committed), the defendant's identification card of "a person performing a notarized obligation"

(No. 947 pages). (No. 947 pages) The principal copy of the constituent elements shall be made with the signature of the victim.

Part was carried out directly.

7) On January 2015, before the victim escape from the Council, the victim consulted three times on the victim.

The social welfare worker at the police station "on the basis of the victim's speech, the victim shall pay the company fees.

The psychological state with severe stress has been repeated in the situation where they are suffering from a wrong atmosphere.

was considered to have been chilled. “Statement was made to the effect that it was chilled (Evidence No. 1, 386 pages).”

C. Examining the above circumstances in light of the legal principles as seen earlier, the Defendant ①, and the head.

(2) Establishing a crime community with the intention of joint processing ②, ② with the intention of joint processing ②, ③ and ② with the intention of joint processing ②.

of this section with other accomplices through functional control over that section.

It is reasonable to regard the defendant as one. Accordingly, it is reasonable to regard the defendant as one. ①, ② ②, Kim third and this part.

Since the crime is a co-principal relationship, the above argument is rejected.

Reasons for sentencing

1. Head of defendant ①

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years; and

(b) Application of the sentencing criteria;

1) Basic crime: Violation of the Punishment of Violences, etc. Act (a habitual group, deadly weapon, etc., injured person).

[Determination of Type] Form 2 of habitual injury, special injury resulting from repeated injury (Habitual Special Injury, etc.)

[Special Convicts] Reductions: None of the elements

○ Aggravations: 1 When committing repeatedly over a considerable period of time:

(2) Serious injury, (3) Teachers to give orders, (4) cruel injury.

Criminal Code

[Scope of Recommendation] Four to nine years of imprisonment

(6 years) 1/2 increased by the maximum limit of sentence (6 years)

2) Concurrent crime 1: The crime of occupational embezzlement in the holding

[Determination on Type of Embezzlement and Breach of Trust Act < Act No. 2 (100 million won to less than 500 million won) 3]

【Special Convicts / Aggravated Punishments / Aggravated Punishments / Aggravated Damage Recoverys .

○ Aggravations: None

[Scope of Recommendation] Six months to Two years (Reduction Area)

3) Concurrent crimes2: Each judgment in fraud

[Determination of Type 1: General Fraud (less than KRW 100 million) 4

【Special Convicts / Aggravated Punishments / Aggravated Punishments / Aggravated Damage Recoverys .

○ Aggravations: None

[Scope of Recommendation] One month from one year to one year (a mitigated area)

4) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to ten years (right to commit basic crimes)

1. 9 years, the upper limit of the sentence scope + 1/2 year, 1/2 of the upper limit of the sentence scope of recommendation of police officers 1

2 Recommendations for Offenses 1/3,00

(c) Determination of sentence: 12 years of imprisonment; and

Each of the instant crimes committed by the Defendant is committed with other accomplices from August 31, 2012 to March 28, 2015.

Joint or independently committing the crime of injury, assault, threat, coercion, coercion, etc. against the prior ○○○○.

Embezzlement 114, 309, and 651 won in total, including the funds of the Victim’s Council, the Academic Council, and the 8 design.

and through the forgery and use of a written estimate for publication of the academic journal, the victim △△△ Foundation

The above crime of occupational embezzlement and fraud was committed by defraudation of 30 million won in total of the subsidies for criminal expenses.

In light of the circumstances and benefits of the victim, the only part of the crime has already become more severe, and the transfer of the victim is more severe.

The crime against ○ may not be committed in bad faith.

The defendant is a new existence in the Council and is a person with his own interest and a subordinate employee;

Systematic and repetitive violence committed on the basis of the victim's attitude of business operation, etc., together with the other accomplices.

For a long period of time, the first time has been using slots or Aluminium enormouss (influences)

In the event of violence, it shall purchase the camping net at the same time with enormous spawn or spawn;

The extent that the victim's bucks in the bucks of the victim has been faced with the crisis of cutting the bridge due to the collapse of the bucks.

Gably used violence. The victim was hospitalized in more than one month after the surgery.

Before the completion of the commission, we do not discontinue the crime, but move her part of the assault with her mar, herus, etc.

In addition, other accomplices who did not account for sex, and the victim's defenses are forced.

If a person makes a drink, he/she shall cover the victim's face with plastic finites, etc., and he/she shall cover the victim's face with his/her upper credit frame.

(P) To the extent that the upper end of the general public is cruel, such as darging tear gas, etc.

B. In particular, as committing a crime using the self-credit frame has been repeated, a certain degree of immunity is granted to the victim.

In this time, the strong credit frame has been set aside, and the victim suffering.

in the face of the victim with his/her son's son and son's son's son's son's son's son's son's knife

Gg) had a serious image on his part (the victim suffering from the tear gas).

In depth, if the perpetrator selects one of the man-made gas and tear gas, a portion at all times.

In addition, the defendant thoroughly obstructed contact with the outside of the victim.

The victim shall be placed in the actual detention condition, and the victim shall be placed at the night of the office every day, and a new divers shall be placed below the office.

Madne, from time to time, thirst, knenee, knenee, so that they can have severe punishment so that they can tear.

Through the law, the victim was engaged in severe harsh treatment. In the process, physical and mental improvement was done in the process.

The defendant even if the victim who was unable to check the scam has become aware of the extreme choice of suicide.

A person, who was not against his criminal act, but rather thought that the victim had committed suicide by himself.

10,000,000 won, in addition to the letter and notarial deed between the victim and the victim;

To the extent that a statement of payment and its equivalent notarial deeds have been additionally prepared, at least as human beings;

The defendant's series of such acts were physical harsh acts.

(1) The act constitutes mental murder with the dignity of the human being or with the character of the human being;

It seems that it will be seen that it is.

Furthermore, the Defendant’s associates and associates of his university to the Defendant’s associates

A computer campaign established at the site to direct commission of an cruel crime by his/her hand, and himself/herself is established at the site.

The surveillance over the crime was led to the destruction of the character of other accomplices. On the other hand, the crime was led to the destruction of the character of other accomplices.

Appellants, even after the victim escaped from the Council and runs together with other accomplices, the victim;

In finding at the home and demanding the victim to gather her/her son and also from the defendant of the ordinary place of residence "the person who escaped."

By driving away from the end of the Myeon area, the Myeon area will cut down. "A victim who has been subject to intimidation" is not a victim.

An open-end net, camping, perpetrators, and victim's cellular phone when an investigation is imminent; and the investigation is conducted;

It has destroyed major evidence, and has instigated other accomplices to make a false statement at the investigation stage.

The circumstances after the commission of the crime are very rough and poor. Above all, the defendant and his accomplice commit the crime.

A victim who suffered suffering from a pain and injury which is difficult to recover through life due to his/her failure to recover shall be the defendant's unilateral meritorious service.

There is a strong punishment against the defendant, refusing to receive the deposit.

In light of the above circumstances, it is inevitable to sentence a severe sentence on the defendant.

Provided, That the defendant is a victim under the pretext of recovering damage and repaying overdue benefits at the investigation stage.

A deposit of a total of KRW 140 million for the preceding ○○, and in the case of each fraud and embezzlement, it shall be avoided.

The crime of drinking driving and taking property in breach of trust is all recovered, and the defendant is a criminal act of taking property in breach of trust until the case is transferred.

It is somewhat certain that there is no specific penalty power except for those subject to punishment by a fine on one occasion.

The circumstances that can be considered favorably are the circumstances.

The above circumstances and the defendant's age, character and conduct, environment, motive and circumstances of the crime, etc.

In full view of the conditions of punishment, the defendant's liability to commit a cruel crime to the degree that he would start the wound.

5) The sentencing criteria are considered to exceed the level set forth in the sentencing criteria of the Supreme Court Sentencing Committee.

Notwithstanding the scope of the standing recommendations, the punishment as set forth in the text shall be determined.

2. Defendant ②, Kim third

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years up to 30 years; and

(b) Application of the sentencing criteria;

[Determination of Type] Form 2 of the Act on Special Injury by Habitual Injury and Habitual Injury by Habitual Crime Group (Habitual Injury, etc.)

[Special Convicts] Reductions: None of the elements

○ Aggravations: (1) if a crime has been committed repeatedly over a considerable period of time, (2) middle

injury, 3 cruel method of crime

[Scope of Recommendation] Four to nine years of imprisonment

(6 years) 1/2 increased by the maximum limit of sentence (6 years)

(c) Determination of sentence: Six years of imprisonment; and

Criminal Act committed by the Defendants together with Chapter 1, etc. for a long time as seen earlier.

in light of the fact that the criminal act was committed, there was a cruel injury to the victim, and there was an serious injury to the victim.

The nature of the crime is extremely poor. The defendants are in accordance with the direct order of the head (i) and (ii).

The direct commission of a cruel crime cannot be rational for any reason. Moreover, the Defendants are not the Defendants.

In accordance with his/her own decision, he/she did not have committed assault and cruel acts against the victim;

I seem to have suffered from the Defendant’s suffering and injury that is difficult to recover throughout his life due to the Defendants’ crime.

The victim who became the victim is seeking to impose a strict punishment on the Defendants. Taking into account these circumstances, taking into account:

It is inevitable to sentence the Defendants with severe penalty.

However, the Defendants did not appear to have led to a criminal act compared to Chapter 1.

the Defendants, who were the sole desire for the success in the design and design system, to be the only desire for life.

(1) It is not easy to obtain instructions from the head (i) who has a key to the success.

(1) In order to recover damage at the investigation stage, (1) in person and other co-offenders.

The deposit of KRW 100 million with the consignee (the above KRW 1400,000 among the above KRW 1400,000) and the defendant Kim third has changed.

In addition, after the conclusion of the loan, the defendant made an additional deposit of KRW 10 million, and up to the date of the transfer of this case.

There are no criminal records for them, and there are some favorable circumstances.

Therefore, the aforementioned circumstances and the Defendants’ age, character and conduct, environment, and motive and circumstances leading to the commission of the crime

Comprehensively taking into account all the sentencing conditions, the sentence shall be determined as ordered.

4. No. 544

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 3 years up to 45 years; and

(b) Application of the sentencing criteria;

1) Basic crime: a crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in Article 1-4(d) of the judgment (a)

[Determination of Type] Type 1 (Special Injury, etc. by Habitual Injury, Bodily Injury, etc.)

[Special Doctrines] Reductions: Where there is a reason to take special account of the commission of the commission of the crime (limited to the commission of the crime)

the commission of the commission without leading the commission of the commission of the commission.

(in the case of failure to provide guidance)

○ Aggravations: 1 When committing repeatedly over a considerable period of time:

(2) Gross injury, ③ cruel method of crime.

[Scope of Recommendation] Imprisonment of 3 years to 7 years

more than two cases, which constitute the upper limit of sentence scope (five years) 1/2

[Aggravated Punishment]

2) Concurrent Crimes 1: Violation of the Punishment of Violences, etc. Act listed in [Attachment 12] No. 12

Provided, That the crime of injury by deadly weapons, etc.

[Determination of Type] Type 1 (Special Injury, etc. by Habitual Injury, Bodily Injury, etc.)

[Special Doctrines] Reductions: Where there is a reason to take special account of the commission of the commission of the crime (limited to the commission of the crime)

the commission of the commission without leading the commission of the commission of the commission.

(in the case of failure to provide guidance)

○ Aggravations: 1 When committing repeatedly over a considerable period of time:

(2) Gross injury, ③ cruel method of crime.

[Scope of Recommendation] Imprisonment of 3 years to 7 years

more than two cases, and in the upper limit of the sentence (five years) that are applicable thereto.

1 /Sgd. 2)

3) Concurrent Crimes 2: Violation of the Punishment of Violences, etc. Act listed in [Attachment 5] 5] List of Crimes (Public Notice)

The crime of coercion)

[Determination of Type 1] Forced Obstruction of Obstruction of Exercise of Rights

[Special Convicts] Reductions: None of the elements

○ Aggravations: 1 When committing repeatedly over a considerable period of time:

(2) Where the degree of coercion is serious.

[Scope of Recommendation] 10 months to 3 years of imprisonment

In more than one case, the maximum limit of sentence scope (two years) shall be increased by 1/2).

4) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for three years to 12 years (right to commit basic crimes)

senior 7 years and 6 months, the upper limit of the range of sentence + 1/2 years and 9 of the upper limit of the range of sentence recommended by Gyeongbox 1

Monthly + 1/3 year, 1/3 of the upper limit of the sentence range of recommendation by 2 concurrent crimes

(c) Determination of sentence: Three years of imprisonment; and

A crime committed by a defendant together with head ①, etc. shall be repeatedly committed for a long time as seen earlier.

in light of the fact that the criminal law was committed, there was a harsh injury to the victim, and there was an serious injury to the victim.

The nature of a crime is extremely poor. The defendant does not leave only the direct commission of an injury, etc. to the victim.

(1) The principal shall have the intention of joint processing in the organized and repeated crime with the power of collective processing.

It cannot be denied even if the defendant has performed a role. Moreover, the defendant in collusion with head (1) and (1) shall cause damage.

I. The amount of money of at least 40 million won, after embezzlement of corporate funds of the Council, the Association of Academic Sciences, or the 8 design;

The Defendant was appropriated for the registration fee of his university, the rent of an officetel, etc. Nevertheless, the Defendant committed each of the above crimes.

During the investigation process, it seems that there was no book of conscience in the process, and at the investigation stage, there was no book of conscience during one period.

The Defendant continued to deny his involvement in the commission of his crime. Taking into account these circumstances, the Defendant:

It is inevitable to sentence a severe penalty upon the State.

(1) In order to recover damage at the investigation stage, the principal and another accomplice shall be deposited.

The deposit of KRW 100 million (the above KRW 14 billion is part of the above KRW 14 billion), and the defendant led the crime.

Until before the transfer of this case, it is difficult to see that it did not share direct action;

It is somewhat favorable that there is no criminal record against the defendant.

Therefore, the aforementioned circumstances and the Defendants’ age, character and conduct, environment, and motive and circumstances leading to the commission of the crime

Comprehensively taking into account all the sentencing conditions, the sentence shall be determined as ordered.

Judges

Judge senior superintendent of the presiding judge;

Judges Lee Gyeong-won

Judges Yoon Young-young

Note tin

1) The written indictment is written to the effect that it was exercised at the time of forgery of each written estimate of forgery, but the former ○○ and the head of the Defendant.

(1) According to ①’s statement (Evidence 2, 458 pages, 7, 3189 pages), etc., they shall make an annual settlement report at the end of each year.

Since △△△△△ Foundation’s homepage has published the relevant estimates of forgery, it is obvious that the aforementioned statements are written in writing.

Even if the correction without any changes in the indictment is made, it would be likely to give substantial disadvantage to the defendant's right of defense.

As such, the correction is made.

2) The written indictment is written to the effect that it was exercised at the time of forgery of each written estimate of forgery, but the former ○○ and the head of the Defendant.

(1) According to ①’s statement (Evidence 2, 458 pages, 7, 3189 pages), etc., they shall make an annual settlement report at the end of each year.

Since △△△△△ Foundation’s homepage has published the relevant estimates of forgery, it is obvious that the aforementioned statements are written in writing.

Even if the correction without any changes in the indictment is made, it would be likely to give substantial disadvantage to the defendant's right of defense.

As such, the correction is made.

3) In the case of a concurrent crime of embezzlement, the type shall be determined on the basis of the sum of the amount of profit, and all the circumstances among the types shall be determined.

Considering that it is reasonable, the area of the sentence range shall be selected.

4) In the case of a concurrent crime of fraud, the type shall be determined on the basis of the sum of the amount of profit, and all the circumstances among the types thereof shall be determined.

In addition, the crime of forging documents accompanying the fraud crime is a sentencing factor.

shall be treated only as a person.

5) The defendant'sless act of violence is assessed as a single comprehensive crime by ‘Habituality', and the upper limit of the sentencing guidelines is No. the No. the No. the No. the No. the No. the No. the No. the No. the

This result does not reach the upper limit of recommending punishment, which is unreasonable.