Defendant

Charge completion (prosecution), misunderstanding (public trial)

Attorney Hong-soo (Korean)

A defendant shall be punished by imprisonment for one year.

1. Embezzlement;

On November 24, 2008, the defendant kept at the office of non-indicted 5 certified judicial scrivener in Geumsan-si, Geumsan-si, the victim non-indicted 1, the ginseng 4,000 can be distributed to the victim non-indicted 1,

On August 3, 2010, the Defendant, at a real estate intermediary office in which it is difficult to know the trade name located in the Sogsan-si, Seosan-si, the Defendant sold to Nonindicted 2 the ginseng distribution in 6,000 square meters in 16,7,500 square meters, which is the victim’s ownership, for embezzlement. On September 29, 2010, at a place where the location cannot be known, the Defendant sold 11,700 square meters in Gagsan-ri ( parcel number 5 omitted), which is the victim’s ownership, to Nonindicted 3,46,00 won, and embezzled it.

2. Fraud;

A. Fraud against the victim non-indicted 4

(1) On July 8, 2009, the Defendant made a false statement to the victim non-indicted 4, stating that “The Defendant would sell ginseng in 3640 can be sold to 120 million won at the YY Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY Y YY Y

As such, the Defendant, by deceiving the victim as such, received KRW 120 million from the victim as the passbook in the name of the Defendant for the purchase price on the 10th of the same month, and acquired it by deception.

(2) On February 2010, the Defendant made a false statement to the victim that “on the front side of the Busan Agricultural Co., Ltd. located in the side side of Seosan-si, the Defendant did not have money to offer money to the Defendant for the administration of the Gu.” 30 million won is changed from the perspective of convenience of only 30 million won. I, however, at the same time, I would like to give a ginseng equivalent thereto.” However, the Defendant did not have an obligation of the financial institution’s loan to KRW 20 million, and the Defendant did not have an intention or ability to reduce ginseng distribution corresponding thereto, even if he borrowed the money from the victim, because it is not good financial standing due to the fact that he bears a considerable obligation on the part of the personal bond holders, such as Nonindicted Party 1, etc.,

On the 8th of the same month, the Defendant, by deceiving the victim as such, received 30 million won from the defendant as the agricultural passbook in the name of Non-Indicted 6, for the purpose of borrowing money from the victim.

(3) On July 2010, the Defendant visited the ginseng in 12,000 square meters, which had been located in the Galsan-si, Seosan-si, Seosan-si, Seosan-si, and 6,000 square meters in 12,00 square meters in Galsan-si, Seosan-si, Seosan-si, and presented it to the Defendant, and then “The Defendant would go to one of two of the ginseng parcels, where 100 million won was lent to the Defendant.” However, the Defendant did not have a financial standing as described in the preceding paragraph, and even if he did not borrow the money from the victim, the Defendant did not have any intention or ability to reduce the repayment of the money.”

As such, the Defendant, by deceiving the victim, received 10 million won from the victim to the agricultural bank passbook in the name of Nonindicted 6, as the loan money from the victim on the 22th of the same month.

B. Fraud against the victim non-indicted 1

On January 21, 2009, the Defendant made a false statement to the victim non-indicted 1 stating that “If 100 million won is loaned, 100 million won will be repaid until December 31, 2009, and 1% interest will be paid per month.” However, the Defendant did not have any intent or ability to repay the above money even if she borrowed it from the victim as above, on the ground that the financial condition is not good, such as the Defendant’s repayment of loans equivalent to approximately KRW 200 million to financial institutions such as White Ginseng Cooperatives, etc., and thus, the Defendant was not good

As such, the Defendant, by deceiving the victim as such, received a total of 120 million won from the victim on three occasions on the same day under the same name as the loan money, 20 million won on April 22 of the same year, and 6 million won on the same name on June 28 of the same year, and acquired it by deception.

C. Fraud against the victim non-indicted 2

On August 3, 2010, at the real estate brokerage office where the trade name in the Seosan-si, Seosan-si, Defendant 2 made a false statement to the victim Nonindicted 2 that “I would sell ginseng in 16,75 million won in the amount of 16,000 square meters in Sasan-si Sari (number 6 omitted). However, in fact, the above ginseng distribution, which the Defendant had decided to sell to the victim, was already sold to Nonindicted 1 on November 24, 2008, and did not have the right to dispose of the above ginseng distribution, and even if the above ginseng was paid by the victim, there was no intention or ability to sell the ginseng distribution.

As such, the Defendant received a total of KRW 160,750,000,000 from the victim and received KRW 140,000 from the victim for the same day as the down payment, and received KRW 140,000,000 as the balance on the 18th of the same month.

1. Defendant's legal statement;

1. Each legal statement of the witness, Nonindicted 4, Nonindicted 1, and Nonindicted 2

1. Each complaint;

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

Article 355(1) of the Criminal Act (each embezzlement, each selection of imprisonment with labor), together with Article 347(1) of the Criminal Act (the fraud of the victim Nonindicted 1, the choice of imprisonment with labor), Article 347(1) of the Criminal Act (the fraud of the victim Nonindicted 4 and Nonindicted 2, each fraud of the victim Nonindicted 2, and each choice of imprisonment with labor)

1. Aggravation of concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment and Punishment provided for in Fraud against Victims Non-Indicted 2 in the Judgment with the most severe punishment)

○ Scope of punishment: Imprisonment for not more than 15 years (the choice of imprisonment, the aggravation of concurrent crimes)

○ Application of Sentencing Criteria

【Types of Criteria for Sentencing】

· Reduction of 1/3 of the minimum limit of sentence in the mitigation area of category 1 (at least 500 million won, but less than 5 billion won): 1 year to 3 years;

· Reduction of 1/3 of the minimum limit of sentence in the basic area of types 3 of general fraud (at least 500 million won, but less than 5 billion won): 2 years to 6 years;

[Extent of Recommendation] Two years or more of imprisonment, seven years or more (in the context of basic crimes, one-half of the upper limit of the sentence range of other crimes shall be added to the scope of punishment)

○ Determination of sentence

The sum of the embezzlements by the defendant as a result of the crime of this case reaches 513.5 million won, and the sum of the frauds reaches 543.5 million won, and the actual amount of actual damage therefrom is 420 million won [the victim non-indicted 4.19 million won, the victim non-indicted 1136 million won (the agreed amount), and the victim non-indicted 2.1 billion won (the non-indicted 2 paid 100 million won to the non-indicted 1 and the non-indicted 2, and the adjustment of the ownership of ginseng is confirmed) remaining, it is inevitable to impose a sentence on the defendant: Provided, That it is relatively old and health status of the defendant; the defendant did not have the history of the crime except for the non-indicted 2 before the crime of this case before the crime of this case; the defendant was relatively high-priced agricultural products; the situation in which the damage amount is to be reduced to 16.1 billion won by taking into account the necessity of the sentence of this case to be paid to the defendant 2.16.

Judges Kim Yong-han