2018 Highest 6047 Fraudulent

A

Kim Yong-Nam (Public prosecution) and a branch decoration (public trial)

Attorney B (Korean National Assembly)

October 31, 2018

A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

On July 27, 2004, the Defendant made a false statement to the victim D (year 56) in the Philippines C, stating that “The Defendant would capture fishery products, such as flowerss, in the Philippines, into Korea, and send eight tons of the total amount of investment, to the Republic of Korea.”

However, the term of validity of the passport issued in the Republic of Korea and travel expenses was expired, and the defendant himself was not equipped with facilities, human resources, etc. for catching and transporting fishery products in Korea after freezing them in addition to purchasing from local merchants and distributing small quantities of fishery products in Korea. In August 2004, 2004, the police officers did not have the intent or ability to capture fishery products to the Republic of Korea and send them to the Republic of Korea even if he received investments from the victim, since the status of the illegal aliens was discovered and detained in the accommodation of the immigration state.

On July 27, 2004, the Defendant received 10,000 U.S. dollars from the victim in total four times as shown in the attached list of crimes, including that the Defendant received 10,000 U.S. dollars from the victim for the purpose of investment in fireworks import business.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Written statements of D;

1. A complaint, delivery contract, deposit certificate, each receipt, details of transactions, investigation report (amount of damage and interest on the table of crimes), and list of crimes;

Application of Statutes

1. Article applicable to 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

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Application of the sentencing criteria;

(a) Determination of types: The amount of money less than 100 million won by general fraud (type 1);

(b) A special breeder: No person;

(c) The scope of recommendation field and recommendation range: Basic field, imprisonment for not less than six months but not more than one year and not more than six months; and

3. Determination of sentence;

There are extenuating circumstances such as the fact that the defendant has no record of criminal punishment in addition to the punishment of fines imposed twice due to the violation of the Punishment of Tax Evaders Act, etc. and the fact that the defendant seems to be against the crime of this case.

However, there is a need for strict punishment against the defendant in that it appears that the victim was suffering from considerable property damage and mental suffering because the defendant continued in a foreign country and did not make efforts to recover damage even after ten years have passed since he/she acquired money from the victim by acquiring money from the victim.

In addition to these circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, the conditions of all the sentencing as shown in the argument of this case, including the circumstances after the crime, shall be determined in the same manner as the order.

Judges or higher-ranking

A person shall be appointed.