2016 Highest 796 Fraud

Kim A (74 years, South Korea), Company Board

Residence

Reference domicile

The Republic of Korea shall have the right to file a complaint with the State (prosecutions) and Kim Jong-sung (Trial)

Law Firm Maritime Law Firm

Attorney in charge, Kim Jong-chul, Lee Jong-chul, Lee Dong-young

June 23, 2016

A defendant shall be punished by imprisonment for a term of one year and two months.

Criminal facts

From 200 to 207, the Defendant had been a member of ○○ New Port Co., Ltd. and had been working as an employee ***. As the money was insufficient in the course of real estate speculation through the purchase of apartment houses across the country through a real estate consulting conference, the Defendant was willing to receive money from the victims by committing an act of being employed as the member of ○○ Port No. Help, which is a non-party KimB (a disposition of suspending indictment on the same day) and by conspiracy with the Defendant’s wife.

1. Fraud against the victim's positiveC;

On January 2013, 2013, the Defendant listened to the KimB’s speech that the Victim Jong-C wanted to be employed in the ○○○ Port Labor Relations Operator, and he collected money in advance from Jeong KimB in return for his subscription to the ○○○○○ Labor Relations Operator,” and KimB, on January 1, 2013, demanded the Victim Jong-C to use 70 million won for “employment as a port labor union member” at the trade in French-gun, Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, and then needed to use the Victim Jong-C at the trade influent coffee shop located in Ulsan-gun, U.S., Ulsan-gun, and the amount of money to KRW 70 million. When the money is deposited, it is possible to engage in business within three months. The payment of money was made by falsity.

However, the defendant and KimB did not have the intention or ability to enter the victim to the company related to the above port transportation union.

The Defendant and KimB, as such, deceiving the victim, received on January 31, 2013 from the victim, a total of KRW 20 million from three occasions to the same account on March 7, 2013, respectively, and received on three occasions a transfer of KRW 30 million to the new bank account (10- 350******) in the name of KimB.

Accordingly, the defendant, in collusion with KimB, acquired 70 million won from the victim.

2. Fraud against the victim KimD

On June 2014, 2014, the Defendant: (a) at the port of Gangseo-gu Busan, Busan, 000, 000's apartment apartment park, the Defendant: (b) on the ground that a person who works in the port of Gangseo-gu, Busan, 000, retired from the retirement age; (c) on the ground that he retired from the retirement, he/she could have the person who left the port, and (d) on the ground that he/she would be paid sufficient compensation to the person who left the port; (d) on the ground that in order to be employed in the workplace, he/she shall be on the ground that he/she would be on the level of KRW 60,000. If a person who retires from the port of Gangseo-gu, Busan, but retires from the retirement age at the end of December 2, 2014, he/she would be on the ground that he/she would become on the part of 0,000 won, and (d) he/she would be on the ground that he/she was on the victim.

However, the defendant and KimB did not have the intention or ability to enter the victim in the company related to the above port transportation union.

The Defendant and KimB by deceiving the victim as such and deceiving it on June 9, 2014: around 53: (a) around 53, a new bank account in the name of KimB (110-350*******) 70 million.

Accordingly, the defendant, in collusion with KimB, acquired 70 million won from the victim.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

[Scope of Recommendation : General Fraud> Type 2 (at least KRW 100,000, less than KRW 500,000, and the addition of the same competition, and the increase in the first step of type) basic area (from August to four years).

【Special Convicted Persons】

None

【Determination of Sentence】

○ It is inevitable to punish the Defendant as corresponding in the following cases: (a) the Defendant acquired by fraud the sum of KRW 140 million by actively deception that the Defendant would have employed the victim; and (b) used it for real estate investment funds, etc.; (c) the method of obtaining by defraudation is active, large amount of damage, and most damages are not recovered; (d) the Defendant returned only KRW 30 million out of the amount of money acquired by defraudation to the Defendant (the Defendant returned only KRW 30 million to the Defendant).

○ However, the fact that the criminal defendant generally takes place for the crime and is against his own will, there is no previous severe criminal records or criminal records of the same kind, and the substantial part of the money acquired was reverted to KimB, an accomplice. Considering the favorable circumstances such as the fact that the criminal defendant is being disappied, a punishment should be imposed as ordered by combining all the circumstances that are conditions for sentencing, including the defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc.

Judges Lee Jong-sung