2012Gohap850 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

○○ Kim (00000 - 00000) - Representatives of the Yellow ○ Democratic Construction Committee

The Gangseo-gu Seoul Metropolitan Government Street Park 78 ○

Jung-gu Seoul Central District Court 2 00

Jeon Byung-hee (Court of First Instance), Kim Jong-chul, Cho Jong-sik, Cho Young-hee (Court of Second Instance)

Law Firm Vindication

Attorney Kim Nam-han in charge

Law Firm Samwon

Attorney Lee Chang-hoon in charge

July 10, 2014

A defendant shall be punished by imprisonment for five years.

Criminal History Office

The Defendant was in charge of the president of the representative position of the Yellow ○○○○○ (former North Korea Labor Day, the name of 1997, the name of 10 October 10, 201). The Defendant conspired with the head of the representative position of the Yellow ○ Democratic Construction Committee. Ma○○○ was in charge of the head of the Red 8 U.S. military adviserO (hereinafter referred to as “U.S. 8 U.S.”) military adviser O(S. military adviser OO(S.S. military director; hereinafter referred to as “UOBO”) and was in charge of the head of his personal visa and personal visa. The Defendant acquired a military service business license from ○○○ and ○○○○ acquired the victims with the consideration of ○○○○○○○. The Defendant conspireded the victims to receive money from the victims by deceiving the victims to have the right to collect scrap iron, store, and supply the land among the above business licenses.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the victim ○○;

On October 27, 2009, the Defendant and ○○○○○○○○ building 330, the Defendant met the victim at the office of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government on October 27, 2009, and the Defendant tried to create a fund to assist the North Korean defectors and the YO who engage in activities for democratization in the U.S. government while disposing of waste oil and scrap iron in the current US military units. The U.S. military adviser puts the method of granting business rights to ○○○ in an internal-related relationship in preparation for the purchase of advisory position, and there is no clear way to directly reduce ○○○○○○○. Accordingly, it is inevitable that ○○○○○○○’s democratic construction committee will have closed oil, scrap scrap, and scrap scrap loaded in the U.S. unit, and to pay more than 20% of the profits accrued from the purchase of the scrap metal. The additional profits would not be guaranteed if the purchase of the scrap will be more than 20% of the investment deposit.

However, the fact is that ○○ did not have the right to operate the 8th military service business from ○○○, and ○○ did not have the right to operate the 8th military service business but did not have the right to operate the 8th military service business, so even if ○○ received the deposit or the introduction fee from the victim, there was no intention or ability to entrust

Accordingly, the Defendant conspired with leap○○○, by deceiving the victim as above, delivered a cashier’s checks of KRW 1 billion on October 27, 2009 from the victim, and received KRW 400 million on the name of the deposit money from the above office on November 10, 2009. On November 13, 2009, the Defendant transferred KRW 400 million to the bank account of e-mail designated by the Defendant. On November 13, 2009, the Defendant received KRW 600 million from the above office on the pretext of introduction expenses. On March 9, 2011, the Defendant acquired the cashier’s checks of KRW 2.15 billion on the name of the additional deposit money.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the victim Kim○○;

Around October 10, 2009, the Defendant and Pap○○ shall meet the victim at the above office of the Defendant, but the Defendant shall immediately commence the store operation business in the Yongsan Military Unit. Since high profits have been guaranteed, even if the bonds have been loaned, it shall make an investment. Within the Republic of Korea, ○○○○○○, which operates by the Lap○○○○, shall take charge of the entire business, and when concluding the service entrustment contract, the store operation business commences within the month. The deposit amount of KRW 30 million and the premium amount of KRW 60 million shall be given first, and a certain portion of the future profits shall be paid.

Deposit will be returned at the time when the contract expires. "Along with the end of the contract, Ma○○ is the secretary of the special military adviser ○○ under the jurisdiction of the United States Armed Forces. It is essential to enter into a contract at this place without the need to go to the Yongsan Base. It would be possible to see a store operated within the early 10,000 square meters."

However, in fact, ○○ did not have the right to operate the 8th military service from ○○○, and ○○ did not have the right to operate the 8th military service business but did not have the right to select the 8th military service business entity, so there was no intention or ability to commission the right to operate the 10th military service.

Accordingly, the Defendant, in collusion with the Defendant, by deceiving the victim as above, and then deceiving the victim from the victim to the deposit account of leap○○○○○, on January 25, 2010, transferred KRW 100 million on the pretext of deposit and premium, and KRW 100 million on January 29, 2010, and received KRW 400 million on February 8, 2010 from the Defendant to the Defendant’s deposit account of leap○○○○.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the victim inside.

Around October 15, 2009, the Defendant and ○○○ (hereinafter “Defendant”) met the victims at the above office of the Defendant, but the Defendant (around October 15, 2009) promoted the business of creating profits and helping the North Korean defectors to gain profits from the service business of the U.S. military. For three years, the Defendant would be entitled to provide the fry, grain, vegetables, and fruits to the military units affiliated with the U.S. forces for three years. The mast ratio will guarantee not less than 50% of the price of the goods supplied by the NA.

The original deposit amount of KRW 2 billion should be received, and if money comes to a business later than the first one, the right to supply the meat after receiving KRW 500 million will be reduced first, additional money will continue to be added. Accordingly, the right to supply the grain, vegetables, and fruits will also be paid at the time when the contract expires. The deposit will be returned at the time of the termination of the contract. The le○○ is the personal expense of the ○○○○, and the leap○ is trusted and invested in the business, the high profit of which is guaranteed.

However, the fact is that ○○ did not acquire a service business license from ○○○, and ○○ did not have a location to select a service business license holder of the U.S. 8 military service, and even if ○○ received a security deposit or introduction fee from the victim, there was no intention or ability to entrust the service right of the land and the collection.

Accordingly, the Defendant, in collusion with the leap○○○, by deceiving the victim as above, and by deceiving the victim from the victim to the deposit account of leap○○○○, on February 10, 2010, and by deceiving KRW 300 million on February 25, 2010, respectively, KRW 500 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by the ○○, Kim○, An○, Ando○, Yellow ○, and Cho Il-○;

1. Partial statement of ○○○○;

1. Some statements in the suspect examination protocol of the defendant by prosecution;

1. Statement by the prosecutor with respect to the largest ○○;

1. Statement to ○○○ by the police;

1. The steel bars and aircraft sales contract, the copy of the check issued with the amount of damage, the certificate of transfer, and the check made up of the amount of damage; 1. The provisional contract, the copy of the contract for entrustment of store operation, and each transfer certificate;

1. English contract, contract (supply of goods in the military unit), or seized goods (a copy of forged contract);

1. A certified copy of the register (O);

1. A copy of a store contract, a copy of a military waste disposal site contract, a copy of a military waste disposal site contract, a copy of a military waste disposal site contract, a copy of a collection contract, and a sample of various contracts attached to the military of the United States;

1. Investigation report [Attachment of the judgment of the case, such as violation of the Act on Special Cases Concerning the Settlement of Prostitution○○ (Fraud)] and investigation report (verification of process of processing ○○ separate leap);

1. A criminal investigation report as a result of tracking financial information (organization of details of delivery of damaged sources of money and of use of defraudeded sources of money);

Application of Statutes

1. Article applicable to criminal facts;

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act [Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Article 38 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) concerning the victim's tea with the largest punishment / ○]

Judgment on the denial of the defendant's fraud;

1. Summary of the assertion

As indicated in the Defendant’s decision, the fact that ○○ received money from the victims is the fact that ○○ received money from the victims. As a special military adviser of the U.S. military forces, ○○ was a man who can exercise a substantial influence over the various service projects of the U.S. military forces, and ○○ was actually introducing ○○○ to the Defendant, and had a written contract, confirmation document, etc. with ○○○. The Defendant, with conviction in the military service projects of the U.S. military forces, concluded a contract with the victims with the victims, and did not commit deception, or did not intend to commit fraud. The money received from the victims was used by ○○ or used by ○○○, and the Defendant considered the use of ○○ or ○○○○

2. Determination:

(a) Facts of recognition;

According to the evidence adopted and examined by this court, the following facts may be acknowledged. (1) On April 2008, the Defendant proposed that ○○○○, who was aware of the ○○○○ of the U.S. military force, would allow her to conduct a business of disposing of waste oil emitted from the U.S. military forces located in Yongsan-gun through ○○, and this ○○ paid KRW 200 million to her le○○. As the waste oil treatment business fails to proceed later, the Defendant returned KRW 100 million out of the above 200 million to her ○○○ (this Court stated to the effect that ○○ returned KRW 120 million to her 10 million in relation to the scrap metal business of other U.S. forces (this Court stated to the effect that her ○○ returned KRW 80 million to her 100 million).

○○○○○○○○○○○○○○○○○ (hereinafter referred to as “○○○○○○○○○”) established a new ○○○○○○○○○ (hereinafter referred to as “○○○○○”). The Defendant, at the time of ○○○○○○○○○○’s disposal of real property, proposed that ○○○○○○○○○ KRW 1 would be urgently needed to administer various service businesses other than the closed oil business, and the Defendant, ○○○○○’s representative director, recognized ○○○ KRW 200,000,000,000,000 KRW 10,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000).

4) Meanwhile, in collusion with ○○○○○○○○ on July 17, 2009, ○○○○○○○○○○○○○○ was to engage in a special assistant of advisers in the area of the U.S. 8 CIA. However, false speech was made that ○○○○ has the right to engage in a service, such as tobacco, waste oil, and scrap metal in the U.S. 8 group, ○○○○○○ obtained KRW 500 million from Kim○○ in the name of the down payment for the total tobacco business in the U.S. 8 group. On November 3, 2009, ○○○○ was an emergency arrest with regard to the above criminal facts. When ○○○○○ was an emergency arrest of ○○○○○○○○○○, the Defendant received KRW 100 million from the Defendant’s room of the Seoul Southern Police Station, and ○○○○○○○, a person who received KRW 500,000,00.

6) On November 10, 2009, the Defendant received KRW 400 million from ○○○ on the pretext of the introduction of the above high iron collection business license, and used all of KRW 400 million as a criminal case deposit of leap○○○. On November 13, 2009, KRW 500 million was paid to ○○○○○○○○○’s contribution at the expense of leap○○○○○○’s contribution of leap○○○’s contribution (in relation to this, ○○○ asked an investigative agency to request the Defendant to admit ○○○’s change to a medical college of ○○○○ University, and stated that 00 billion won was detained on several occasions, and the Defendant was sentenced to 00 years of imprisonment with prison labor, 2000,000,000 won and used for the Defendant’s office rent, etc. (the Seoul High Court sentenced 200,000 won to 10,710).

7) On October 10, 2009, the Defendant and ○○○○○○○○○○○○○ (hereinafter “○○○○○○”). Around October 10, 2009, ○○○○○○○○ (hereinafter “○○○○”). Around October 25, 201, the Defendant and ○○○○○ (hereinafter “○○○”). ○○○”). Around 10 million, the Defendant and ○○○ (hereinafter “○○○”). ○○”). Around January 25, 201, the Defendant and ○○○○○ (hereinafter “○○○”). ○○○”). Inasmuch as the Defendant and ○○○○’s ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.”).

Defendant could not operate this business without going through an “○○○” and the Defendant would be entitled to this authority. As such, the Defendant could conduct this business because he did not talk with others, and he could conduct this business. In the U.S., a large number of investigations into the Defendant, and made it difficult for the Defendant to conduct a large number of investigations into his family members and happiness, and made it difficult for any person to exercise the authority to provide services. He would cause to live another life that may not be considered, and even in monetary matters, to help a large number of people well-known. ○○○○ received KRW 200 million from the inside of February 10, 2010, and deposited it into an account under the name of ○○○○○○○○○○○○○○○○’s husband’s highest right to use the Defendant’s business and deposited it into an account in the name of ○○○○○○○○○, which was entrusted with the Defendant’s business. The Defendant and ○○○○○ continued to use the Defendant’s business.

19) Even after entering into an entrustment contract for the operation of a store and paying a security deposit and premium, ○○○ made a direct phone to the office of ○○○○ for a period of more than one year, and thereafter, ○○ made a fraud. Before several years, ○○ had sold the name of ○○○○ and carried out a fraud. However, ○○ does not have a case of being entrusted with the service in the U.S. military., ○○○○. The Defendant was the general manager of ○○○○○ and was the decision holder, and the Defendant could not enter into a contract in the U.S. because ○○○ was the person in charge of ○○○, and ○○○ was returned to Korea.

The defendant had been urged to go to the U.S. and performed an Ampha operation, and the success of the U.S. and the part that is expected to go to the transfer of money is prevented in relation to the part that is being carried out in the same business outside the U.S., and the part that is left to the transfer should be unfolded. The defendant made a vindication that ○○'s denial of money caused the problem, and that ○○ was kept in custody due to the lack of health in Korea, and the auditor was detained.

The Defendant continued to talk with the following: (a) ○○ was hospitalized in the hospital, or (b) ○ was traveling a business trip to the U.S. on this day; and (c) ○○○ was held to have continued to talk with the following: (a) around 2011, 201, the Defendant provided that ○○ would have been prepared to provide a service for 50 million won as ○○ was prepared to provide a service; (b) the Defendant would have been able to provide a 300 million won loan to ○○; and (c) the Defendant was unable to seek a 300 million won loan from the surrounding area, on March 3, 2011, that ○○ would have lent money to ○○○.

9. The Defendant went to the Defendant’s office with KRW 150,000,000,000 and went to the Defendant’s office. However, since the Defendant got too long waiting to ○○○○, the Defendant separately 30,000 tons of scrap metal, and was found to be defective as investment money related to the entrusted business, and as ○○ refused this, the Defendant returned KRW 150,000,000 when the service was commenced, and the additional contract was defective.

On March 9, 201, the Defendant received KRW 150 million from ○○ on March 9, 201, and deposited KRW 100 million out of which deposited into the account of law firm YY (this ○○ stated at an investigative agency that the Defendant was a her husband’s funeral adviser), KRW 20 million deposited into the account under the name of ○○○○○○, and used KRW 10 million as the office rent, etc., and deposited KRW 20 million into the account under the name of ○○○○, and deposited KRW 20 million into the account under the name of ○○○○.

B. Determination

In full view of the following circumstances revealed in the above facts, the defendant and the defense counsel's assertion are not accepted since the defendant and the victims' counsel are aware of the fact that the defendant cannot return the money received from the victims in the event that the defendant is unable to entrust the U.S. military service business rights even if he received the deposit, or the business is not sexually dead.

1) The Defendant stated at an investigative agency that “○○○○, ○○, and two presidents, etc. entered into a contract related to the right to collect waste oil and caused ○○○○○○ to her 200 million won.” However, the Defendant stated that “(725 pages of investigation records)” was an intentional responsibility and her le○○○○ upon the request of her le○○○○, which introduced her le○○, and paid KRW 100 million to her her leap. However, around April 208, 2008, the Defendant paid her money to ○○○ to run the 8th military waste oil treatment business, but failed to run the business thereafter. The Defendant did not return KRW 100,000,000, out of the money corresponding to the said business, to her leap○○○○.”

○○ appears to have been aware of the fact that the Defendant had no ability to properly conduct the instant U.S. military-related service business. Furthermore, it seems that the Defendant was aware that ○ bank claims received from ○○○ around 2009 were forged through ○○○○○, and that ○○ was arrested and investigated, thereby having become aware of the fact that ○○○ was unable to trust the horses of ○○.

In addition, at the time of emergency arrest of around November 2009, the Defendant, from police officers at the time of emergency arrest of leap○○, was about the facts constituting the crime of the 8th military tobacco business total right of leap○○, and agreed with the victims of the criminal case of leap○○, he was about the facts of the crime of leap○○.

Defendant appears to have known that ○○○ could receive money from the victims without a capacity to conduct the military service business in the U.S. military, but he would have received large amounts of money from October 2009 to February 2010 by allowing the victims to conduct the service business in the U.S. military through ○○.

2) Of the funds that the Defendant received from ○○○○, KRW 1 billion and KRW 300 million received from ○○○○○, the sum of KRW 1.8 billion received from ○○○○○○○, and KRW 500 million received from ○○○○○○, was the money agreed upon to return upon the termination of the contract term. If the contract was a genuine contract, the said money shall be paid to 8 U.S. military forces upon the conclusion of the contract with the victims. If the victims do not have business rights to the victims under the pretext of providing the rest of the money received from the victims, it shall be returned to the victims. Nevertheless, the Defendant used KRW 1.3 billion out of the funds received from the victims to ○○○○○○○○○○○’s criminal agreement. Of the 1.3 billion funds that the Defendant received to ○○○○○○○○○○ University, the Defendant paid to 1.8 billion funds paid to ○○○○ University’s private loan.

3) From October 2009 to February 201, 2010, the Defendant: (a) given the victims the service business right in the U.S. 8 group; (b) received KRW 3.1 billion from the victims; and (c) did not have any business right until March 9, 201, which was one year thereafter. Nevertheless, on March 9, 201, the Defendant may run the business again to the tea ○○; (c) was defective as the additional scrap metal amount; and (d) received KRW 150 million from the Defendant’s office operating expenses, etc.

4) If the Defendant, like his assertion, was accused of the truth from the ○○○○, he provided only a false defense to the victims even though he provided the victims with detailed explanation about the situation where the progress of the instant project became impossible because there was no business progress for a few years after receiving money from the victims, or notified the victims of the use of the money received from the victims of the countermeasures.

Reasons for sentencing

1. The scope of punishment by law;

From 3 to 45 years of imprisonment;

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

[Determination of Type] In a case where a person intentionally commits a deceptive act with a general fraud of more than KRW 50 million, less than KRW 5 billion (type 3), or less than KRW 5 billion (type 3) [In a case where a person who is a special offender] intentionally commits a deceptive act, or committed a crime against an unspecified, unspecified, or large number of victims, or repeatedly commits a considerable period of time (aggravated element)

[Scope of Recommendation] Three to Six years of imprisonment (the basic area)

3. Determination of sentence;

Although the amount of damage caused by the crime of this case for five years is a large amount of KRW 3.25 billion in total, the defendant does not repent his fault at all, and even if so, the business of this case is still sexually dead, only a natural disaster is being detained, and the victims want a strong punishment against the defendant, etc. shall be considered as the circumstances unfavorable to the defendant.

Considering the fact that the Defendant intentionally committed each of the crimes of this case by negligence, the fact that the Defendant had committed the crimes of this case before and after the fine, and that there has been no other criminal records other than the previous criminal records, the circumstances surrounding the sentencing conditions specified in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., are considered as being considered as being favorable. It is so decided as per Disposition on the grounds that the

Judges Park Jong-chul

Judges Soc-young

Judges Park Gyeong-ok