2014Gohap250 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

1. Subsidization for public bath A and public bath;

2. B, free of office

New branch line (prosecutions, public trials)

October 31, 2014

Defendant A shall be punished by imprisonment of one year and eight months, and imprisonment of one year and six months, respectively.

However, with respect to Defendant B, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

To order Defendant B to provide community service for 120 hours.

Facts of crime

The Defendants, as married couple, need to pay interest equivalent to KRW 7,00,000 per month with bonds equivalent to KRW 100 million without any particular property in around 2006. At the time, the Defendants conspired with Defendant B, the manager of Defendant B, to acquire money by fraud, as if they could receive high-amount profits if they make an investment through Defendant A’s friendship.

On April 26, 2006, Defendant B made a false statement to the effect that Defendant B may increase the profits of the 6th of each month, if the Plaintiff made an investment in having the her husband receive the fees for the payment in lieu of card-sharing and the payment in lieu of the Plaintiff’s her husband who worked for the Japanese bank.

However, even if the Defendants received money from the victims, they did not have any intent or ability to make an investment or pay a profit in a normal way.

Nevertheless, the Defendants received 4,900,000 won from the victim’s agricultural bank account of Defendant A on the same day, from August 5, 2008, from the time when the Defendants received the remittance of KRW 4,900,00 from the victim’s agricultural bank account, and from August 5, 2008, received total of KRW 500,300,000 as investment money, as shown in the attached list of crimes.

As a result, the Defendants conspired to deception the above victim and received a total of KRW 500, 300,000 in total from investment in 106 times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution concerning D;

1. A list of transactions of the self-reliance deposit;

1. A loan agreement;

Application of Statutes

1. Relevant Articles of criminal facts;

Defendants: the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Law No. 9170 on December 26, 2008)

section 3(1)2 of the Criminal Code and section 347(1) of the Criminal Code;

Article 30 [General Provisions, however, the maximum imprisonment shall be limited to the former Criminal Act (No. 10259, April 15, 2010)

[15 years of imprisonment pursuant to Article 42]

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da11448, Apr. 2, 201)

Defendant B: Article 62(1) of the Criminal Act

1. Social service order;

Defendant B: Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences under Acts: Imprisonment with prison labor for a period of one year and six months from June to seven years; and

2. Application of the sentencing criteria;

[Determination of Type 3] General Fraud (at least 50 million won, less than 5 billion won)

【Special Convicted Persons】

Measures to mitigate: If significant damage has been recovered;

Where the victim is fully responsible for the occurrence of the crime or the expansion of damage;

Aggravations: For unspecified or large number of victims or repeats over a considerable period;

in the case of committing a crime

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] One year and six months to four years

3. Decision of sentence: One year and eight months of imprisonment with prison labor for Defendant A, three years and six years of suspension of execution for Defendant B; and

Volunteer Service 120 hours

The defendants acquired large amounts of money exceeding KRW 50 million through 106 times for a period exceeding 2 years, and there was a criminal record of the same kind of punishment for the defendants. Meanwhile, the defendants led to the confession and reflect of all the crimes of this case, and repaid the amount of KRW 360 million out of the amount acquired by the defendants, as principal and interest interest to the victims, and the victims continued to lend money to the victim with harshly high interest, and there is no history of punishment for 10 years prior to the crime of this case. Defendant A did not have the history of punishment for 10 years prior to the crime of this case. However, the degree of participation in the crime of this case's act of deception directly by the victim to the victim, but the degree of participation in the crime of Defendant A, who is the husband, is somewhat minor, in consideration of all the sentencing guidelines such as the relationship between the defendants, age, character and conduct, etc., the punishment against the defendants shall be suspended and the execution of the punishment against the defendants shall be suspended within the scope of sentencing guidelines.

Judges fixed line

Judge Senior Professor

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