2016 Highest 2439, 2016 Highest 4521 (Joint) Fraud

2016 early 597 Application for a compensation order

2016 early 598 Application for a compensation order

2016 early 600 Application for compensation order

2016 early 602 Application for compensation order

2017 Seocho7 Application for compensation order

2017 early 10 Application for a compensation order

2017 early 37 Application for remedy order

2017 initially 46 Application for a compensation order

A

Suhhee (Court of Prosecution) and Park Gyeong-nam (Court of Public Trial)

1. B

2. C.

3. D;

4. E.

5. F;

6. G.

7. H;

8. I

April 6, 2017

A defendant shall be punished by imprisonment for one year.

All of the applicants for compensation are dismissed.

Criminal History [2016 Highest 2439]

The Defendant borrowed money from those who want to find a beauty room in the Jamba-dong at the Jamba-dong, and paid a high rate of interest for one-time return prevention, and eventually, it was difficult for the victims to pay the interest normally even if additional money was borrowed from the victims.

1. Crimes against victims C;

On November 18, 2010, the Defendant borrowed money to the victim in the residence of the victim C located in the Chang-si, Chang-si, Chang-si, the Defendant made a false statement that he would return the money to the other party after borrowing the money from the other party.

However, at the time of fact, even if the defendant borrowed money from the victim with excessive debts, he was merely the intention to use the money to repay his debts, and did not have the intention or ability to receive interest by lending the money to another person.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the post office account in the name of the principal at the time of temporary border, and received a total of KRW 62 million from that time to May 30, 2016, as shown in attached Table 1-1, from that time.

2. Crimes against the victim B;

On January 31, 2013, the Defendant made a false statement to the effect that the Defendant would lend money to the victim at the J Beauty-dong operated by the Changwon-si, Changwon-si, by borrowing money from another person and receiving interest accrued therefrom.

However, at the time of fact, even if the defendant borrowed money from the victim with excessive debts, he was merely the intention to use the money to repay his debts, and did not have the intention or ability to receive interest by lending the money to another person.

Nevertheless, the Defendant, as seen above, by deceiving the victim as above, received KRW 161,750,000 from the victim to April 22, 2016, in cash or transferred to the Agricultural Cooperative account in his/her name, as shown in attached Table 1-2, the total amount of KRW 161,750,000 from the time to April 22, 2016.

3. Crimes against victims E;

On November 6, 2012, the Defendant borrowed money to the victim E in the cosmetic as stated in the foregoing paragraph (2) from another person, and made a false statement that he/she would receive interest accrued therefrom.

However, at the time of fact, even if the defendant borrowed money from the victim with excessive debts, he was merely the intention to use the money to repay his debts, and did not have the intention or ability to receive interest by lending the money to another person.

Nevertheless, as above, the Defendant, by deceiving the victim and deceiving it from the victim. The Defendant received 2940,000 won from the post office account in the name of the principal at the time of temporary border, and received a total of 97,770,000 won from August 24, 2015, including the transfer of 290,000 won from that time to August 24, 2015.

4. Crimes against victims D;

On January 21, 2015, the Defendant concluded that he would receive money from the victim D when he/she lent money to the victim D in the cosmetic as stated in the above paragraph (2).

However, at the time of fact, even if the defendant borrowed money from the victim with excessive debts, the defendant was merely the intention to use the money to repay his/her debts, and there was no intention or ability to repay the money to others as agreed, because he/she did not receive any money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative account in the name of the principal in the temporary border, and received KRW 52,650,000 from that time to November 16, 2015, as shown in attached Table 1-4, in five times from that time, as well as from November 16, 2015.

5. Crimes against K of Victims;

On May 25, 2016, the Defendant made a false statement to the effect that if he/she lends money to the victim K in the mutual infinite coffee shop located in Jinhae-gu, he/she would lend money to another person and receive interest accrued therefrom.

However, at the time of fact, even if the defendant borrowed money from the victim with excessive debts, he was merely the intention to use the money to repay his debts, and did not have the intention or ability to receive interest by lending the money to another person.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 9.2 million from the victim to the post office account in the name of the principal at the time and time, and falsely concluding that the Defendant would use only KRW 4.4 days before the former NAF branch and make repayment on June 16 of the same year, and that it would receive KRW 5.4 million from the victim, i.e., e., KRW 5.6 million from the victim, and received KRW 3.6 million from the victim to the said account. Accordingly, the Defendant by deceiving the victim, thereby defraudeding KRW 18.2 million.

6. Crimes against victims L;

Around June 16, 2016, the Defendant made a false statement that he/she would lend money to the mother of the victim L in the beauty room as stated in the above paragraph (2).

However, at the time of fact, the defendant did not have the intention or ability to repay the above according to the promise even if he borrowed money from the victim with excessive debts.

Nevertheless, the Defendant, as above, received KRW 2 million from the victim who deceivings the mother of the victim and received it to his/her post office account.

7. Crimes against the M of Victims;

Around June 20, 2016, the Defendant made a false statement that he would pay the following day if he/she lends money to the victim M by using a mobile phone to lend money to the victim M.

However, at the time of fact, the defendant did not have the intention or ability to repay the above according to the promise even if he borrowed money from the victim with excessive debts.

Nevertheless, the Defendant, by deceiving the victim as above, received 1.5 million won from the victim to the said account from the victim to the said account. Accordingly, the Defendant acquired 395,800,000 won from the victims.

[2016 Highest 4521]

The defendant operated the beauty art room under the trade name of "J Beauty" in the summer-gu in Changwon-si, Changwon-si, and formed the number system, and did not have any intent or ability to pay the fraternity normally even if he received the fraternity from the members.

Nevertheless, the defendant is able to organize a number system and take the delivery of a deposit money;

On April 2015, in the beauty art room, by deceiving the victim F to be "if it is paid in 80,000 won per month to the victim F, it shall be paid 20,000 won in the corresponding sequence if it is intended to operate the number system up to 26,00,000,000 won per month," and by allowing the victim to join the half of 18,000 won, it shall be received from the victim from April 26, 2015 to June 24, 2016 in 15 each month from April 26, 2015 to June 24, 2016 from the victim to receive a total of 6,00,000 won, including 2-1 through 2-7, the victim's total amount of seven members as a deposit amount, as described in the attached list 2-7.

Summary of Evidence

[2016 Highest 2439]

○ Statement of the Defendant in the first trial record

o Each police interrogation protocol on K, C, E, B, D, L, and M

o Each complaint of K, C, E, D, L, and M

○ Each loan certificate, passbook (Account), and details of transactions [2016 order 4521]

○ Defendant’s legal statement

o Statement of the police against F, G, N, H,O, P, and I

o Each complaint filed by F, G, N, H,O, P, and I

○ Application of Account Transactions Details and Certificates of Transactions Acts and subordinate statutes

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

Article 347(1) of the Criminal Act (Appointment of Imprisonment)

2. Aggravation for concurrent crimes;

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

3. Dismissal of application for compensation;

On the grounds of sentencing under Articles 32(1) and (2) and 25(3)3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and other various conditions of sentencing specified in the records and arguments of the case, such as circumstances after the crime, shall be determined as the order.

○ Unfavorable Normals: The amount of fraud is large and the number of victims is large. The Defendant again committed the instant crime even though he had the record of suspended execution due to the loan fraud in 2000.

The circumstances favorable to ○: (a) in the case of the case of 2016 Highest 2439, the defrauded appears to have been used mainly in repaying the existing borrowed money and its interest; and (b) in the case of the case of 2016 Highest 4521, the guidance seems to have been operated normally until the first half of the year. The remainder of the victims, other than B, agreed upon, and partly repaid the amount to B. The Defendant is led to confession and reflect.

Judges Lee Byung-hee