2014 Highest 6153 Fraudulent

2014 initially 3513 Application for a compensation order

A, OO shop operation

Residence

Reference domicile

OO (prosecutions) andOO (Public trial)

Attorney ○○, ○○○

B 【Status】

October 16, 2015

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall pay 489,00,000 won to the applicant for compensation by fraud. This order may be provisionally executed.

Criminal History Office

On December 7, 2012, the Defendant operated a variety of places in the same sex from Gangnam-gu Seoul Metropolitan Government ○○○○○○○ hotel with the victim’s 's on bail store operated by the victim B'. Around December 7, 2012, the Defendant displayed the refluence, such as displaying cash of KRW 10 million from the handbag that was in possession, to pay the victim within three months on credit.

However, even if the defendant purchased precious metals from the victim due to the obligation of approximately KRW 300 million, such as bonds and loans, he/she has no intention or ability to pay the price within three months, even if he/she purchased the precious metals on credit from the victim.

The Defendant, as such, by deceiving the victim, obtained 15 precious metal products, such as a total sum of 540 million won from the victim over 15 times in total, as described in the following crime inundation, including by deceiving the victim and taking over 70,000,000 won at the market price of 5,000,000,000 won.

Summary of Evidence

1. Legal statement of the witness B;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. B's statement of each police interrogation protocol against the defendant

1. The police statement concerning B;

1. Complaint;

1. A report of investigation (Supplementary document and attachment of a list of crimes);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Aggravation of concurrent crimes;

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

1. Orders for compensation;

Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Declaration of Provisional Execution and the Promotion, etc. of Legal Proceedings;

1. Criteria for sentencing:

[Scope of Recommendation Form 3 (at least KRW 500, but less than KRW 500,00) Basic Field (at least one year or six years from June to six years): 2 stages increase as a result of adding up the same competition.

[No person who has any special sentencing factor]

2. The specific grounds for sentencing ○○○○ The sum of damages incurred by each of the instant crimes reaches KRW 540 million and KRW 600,000,000, and the method and quality of the instant fraud are not good.

○ The Defendant borrowed money from precious metal acquired through the instant crime as collateral and consumed money for existing loans, etc. and for personal purposes.

○ Of the amount of damage, only KRW 50 million has been repaid, but most of the remaining damages have not been recovered.

○ The Defendant is serving a sentence and runs away.

○ The victim wishing to punish the Defendant significantly.

○ The sentence shall be imposed in consideration of the defendant's age, character and conduct, occupation, health status, family relationship, means and result of the crime, and all of the sentencing factors shown in the records, such as the circumstances before and after the crime.

It is so decided as per Disposition for the above reasons.

Judges Park Jin-chul