Defendant

The head of a Si/Gun/Gu shall file prosecutions or hold public trials.

Attorney Kim Young-jin

A defendant shall be punished by imprisonment for four years.

On September 9, 2005, the defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on the same day, and the judgment became final and conclusive on the same day, and the execution of the sentence was terminated in the female prison on November 13, 2

The defendant and the non-indicted 9, the non-indicted 10, the non-indicted 11, the non-indicted 12, the non-indicted 13, the non-indicted 14, and the non-indicted 15 had no intent or ability to establish the corporation, and had the victim established the corporation, and had the victim non-indicted 6 established the corporation, to seek a representative director of the corporation under the name of the non-indicted 9 and to provide necessary data and funds, the non-indicted 10 act as the role of providing funds and materials necessary for the establishment of the corporation, the defendant provided funds to the non-indicted 10, the defendant managed through the Internet banking, and transferred the shares to another account, and the non-indicted 11 supplied the shares to the non-indicted 12, the non-indicted 12 lent the name as the "b" and applied for the payment of the share capital directly to the certified judicial scrivener, the role of lending the name of the non-indicted corporation in each document, and the non-indicted 15 and the non-indicted 14 will withdraw the share in order.

The defendant and the above non-indicted 9, etc. act as their respective roles, and accordingly, in the office of the non-indicted 16 certified judicial scrivener in Daejeon on March 17, 2010, the above non-indicted 12 made statements to the victim through the non-indicted 17 to the effect that the defendant and the above non-indicted 12, "B representative director, the non-indicted 14 director of the corporation, and the non-indicted 13 intend to establish the corporation with the trade name "○○" corporation with the auditor. There is no bank deposit amount of KRW 300 million in the name of the non-indicted 130 million. The defendant and the above non-indicted 12 made a statement to the victim through the non-indicted 12, the representative of the corporation, the non-indicted 12, the defendant, and the non-indicted 13,000 won in total from the non-indicted 2 account in the name of the victim to the above account as the total of KRW 150 million in the above account.

Accordingly, from March 19, 2010 to around 08:56 on the same day, the Defendant and Nonindicted 9, etc. transferred the said KRW 300 million to the account in the name of Nonindicted 12 in an irregular manner on three occasions between 08:58 and 08 on the same day, and again transferred the said KRW 300 million to the account in the name of one bank number of Nonindicted 15 from around 08:58 on the same day to 09:01 on the same day.

Accordingly, the defendant, in collusion with the above non-indicted 9, acquired money of KRW 300 million from the victim.

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant (including the part of statements made by non-indicted 6 and non-indicted 20)

1. Each prosecutor's interrogation protocol on Nonindicted 10 and Nonindicted 9

1. The prosecutor’s statement concerning Nonindicted 6

1. The police statement of Nonindicted 17 and Nonindicted 18

1. A written additional complaint;

1. Recording records;

1. An investigation report (attaching contents, account withdrawal details, etc.);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (electric records of the same criminal suspect for the same type of repeated crime), and current status of personal identification;

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

Articles 347(1) and 30(Fraud) of the Criminal Act, the choice of imprisonment

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Application of the sentencing criteria;

[Determination of Punishment] Type 2 of the systematic fraud (at least KRW 100 million, but less than KRW 500 million)

[Special Aggravationd ] Aggravationd : Where a person led or led to the commission of fraud;

Cumulative Offense

Reduction Elements: Non-conformity of Punishment

[Scope of Recommendation] 4 years - 7 years (Aggravation)

2. Determination of sentence;

The Defendant’s profits derived from the instant crime are limited to KRW 7 million, and the person who led the instant crime is Nonindicted 19, Nonindicted 9, and Nonindicted 10, and the Defendant merely made a statement to the effect that he was able to drive an account while driving the instant crime. However, the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence, namely, the Defendant was in charge of the withdrawal of funds through Internet banking, i.e., the Defendant was unable to take charge of the business, i., the Defendant was in charge of the simple fence, and the Defendant was able to take charge of the withdrawal of funds through the Internet bank, and the Defendant did not notify her identity to her accomplices from the stage of the conspiracy. Nevertheless, the Defendant was able to take advantage of how the Defendant was found to have known her identity through Nonindicted 12, 9, and Nonindicted 10, and how the Defendant was found to have been aware of the Defendant’s identity of the Defendant through the prosecutor’s investigation in 2011, and the Defendant was found to have been aware of the Defendant’s criminal facts in the Defendant’s statement for 205 years.

Furthermore, in light of the circumstances such as the fact that the Defendant committed the instant crime during the period of repeated crime, the total amount of damage amount of KRW 300 million, which was not restored to only KRW 42 million, among which the Defendant repaid, is merely KRW 7 million, and the Defendant does not seem to be contrary in that it did not disclose the size and whereabouts of the proceeds of the instant crime, even though he/she was in charge of or directed the transfer of funds and cash withdrawal through Internet banking, and even though he/she did not know the size and whereabouts of the proceeds of the instant crime.

However, in light of the defendant's age, character and behavior, environment, motive, means and consequence of the defendant's crime of this case, circumstances before and after the crime of this case, and other various factors of sentencing as stipulated in Article 51 of the Criminal Act, such as the records of this case, the sentence like the order shall be imposed in consideration of the defendant's age, character and behavior, environment, motive, means and result of the defendant's crime of this case.

Judges out of Category