2015 highest 438 Fraudulent

2015 initially 178 Application for a compensation order

2015 initially 182 Application for a compensation order

2015 initially 205 Application for a compensation order

Park○-○ (1969, 1969) and middle merchants

Stambling iron (prosecutions) and papering type (public trial)

Attorney Hwang Sung-sung (Korean)

1. Oral ○○

2. Do○○;

3. Silsan; and

June 17, 2015

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant sent 3,700,000 won by fraud to ○○, an applicant for compensation, and the transmission of this compensation order thereto.

The amount of money calculated at the rate of 5% per annum from the day after the month to the day of full payment shall be obtained through deception to the applicant for compensation.

The amount of KRW 9,935,00 shall be paid to the applicant for compensation, and KRW 5,086,00 shall be paid to the applicant for compensation, respectively.

The above compensation order may be provisionally executed.

The remainder of the application for compensation by O○, an applicant for compensation, is dismissed.

Criminal facts

(Criminal Power)

On August 5, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Western District Court, and the execution of the sentence was completed on April 3, 2014 at the Seoul Southern Southern District Court.

【Criminal Facts】

1. Fraud against the victim's leap○○;

A. On September 11, 2014, the Defendant agreed to the effect that “A victim leap ○○, who purchased a dry field with a dry field, intends to engage in smugglinging funeral by selling it to the dry field so that it would be able to pay back all profits after the fact that he/she borrowed 15 million won to the victim leap ○○○.”

However, in fact, the Defendant did not have any intent or ability to pay the amount of money borrowed from the victim, or to use it as a living expense, even if the Defendant borrowed money from the victim or received an investment from the victim due to the absence of any funds or personal property, other than the funds borrowed from the victim.

The Defendant, by deceiving the victim as such, received KRW 15 million from the victim to the Agricultural Cooperative Account under the name of the Defendant in the name of the victim as the borrowed money.

B. On October 1, 2014, the Defendant made a false statement to the effect that “The Defendant borrowed a little amount of money to purchase a dry field so as to dry field to the Defendant, with a loan of KRW 10,000,000,000 from other investors, and then would complete the payment of the money in full.”

However, in fact, the Defendant did not have to obtain an investment of KRW 140 million, and the Defendant did not have any intent or ability to repay the amount, even if he did not borrow money from the victim because there was no funds or personal funds borrowed from the victim in addition to the borrowed money.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the said Agricultural Cooperative Account under the pretext of the loan from the victim’s position.

C. Around October 7, 2014, the Defendant made a false statement to the effect that “When the Defendant borrowed 16 million won to the damaged person from a dry field sponser to dry field sponser, he/she would return the money with the amount of KRW 140 million that he/she would have been invested after 3 days.”

However, in fact, the Defendant did not have to obtain an investment of KRW 140 million, and the Defendant did not have any intent or ability to repay the amount, even if he did not borrow money from the victim because there was no funds or personal funds borrowed from the victim in addition to the borrowed money.

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the said Agricultural Cooperative Account as the borrowed money.

2. Fraud against smuggling producers, such as victim ○○○, etc.;

On November 7, 2014, the Defendant made a false statement to the effect that “The price would be paid without a mold after the molding is to be paid to the victim, if the Defendant supplied the o-debris to the victim, in the instant orchard for the operation of the ○○○○, which was located in Seopo-si, Seopo-si, Seopo-si.”

However, in fact, the Defendant was at the time reported damages due to the decline in the price of the smuggling, and was a market situation in which the Defendant was unable to pay the price properly even after purchasing the smuggling from the smuggling producers, and there was no other intention or ability to pay the price even if the Defendant received the price from the victim due to the lack of certain income or personal property.

As above, the Defendant, by deceiving the victim as above, received 1850,000 square meters at the market price from the above ○○○○ to receive 10,00 square meters, respectively, from the time to January 7, 2015, the Defendant received from the victims a total of 36 times, as shown in the list of crimes in attached Form 36.

Summary of Evidence

Omission

Application of Statutes

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

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

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for 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. Declaration of provisional execution;

Article 31(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

1. Rejection of application for compensation (with respect to application for compensation remaining after the exclusion of the discount portion);

An order for compensation is a special form of lawsuit that is permitted to file a complaint with a specific incidental to a criminal procedure in order to recover the victim's damage, where certain requirements are met under Article 25 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings. It does not order performance of liability for compensation for non-performance under civil law or non-legal act. It is reasonable to deem that the period following the day when the order for compensation in this case was served is due and the defendant becomes due and the obligation for compensation is delayed performance, and the delay damages are also calculated at the statutory rate prescribed in the Civil Act unless otherwise provided for in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings. Thus, the application for compensation order is reasonable within the scope of seeking payment of the amount calculated at the rate of 5% per annum from the day following the delivery of the order for compensation among the application for compensation filed by Orra, an applicant for compensation, to the day of full payment, but there is no ground for seeking payment of the amount calculated at the rate of 20% per annum from November 9, 2014.

Reasons for sentencing

The scope of the recommended sentencing guidelines for sentencing [the range of sentence for fraud crime group, general fraud, type 2 (at least KRW 100,000, but less than KRW 500,000), special aggravation area, imprisonment for a year of 1 year and 8-9 years (the addition of the concurrent concurrence results in the combination of the two types)] and the following circumstances shall be determined as ordered by the sentence:

○ favorable circumstances: The fact that the facts of the crime are recognized as substitute and reflected, and some victims who are smuggling producers.

discharge of 20 million won in total to the Corporation;

○ Unfavorable Normals: Large amount exceeding KRW 100 million in total, and most damages are recovered.

In other words, there has been a history of being punished several times for fraud, and in particular, it is a fraud on August 5, 2013.

A sentence of imprisonment with prison labor for up to eight months on April 3, 2014; and even if the execution of the sentence was completed, the period thereafter.

The crime of this case was committed during the period of a repeated crime not committed;

○ Other: The background leading up to the instant crime, age, character and conduct, environment, and the decision before and after the instant crime

Yellow, etc.

Freeboard Kim