2017 Highest 4918 Highest Surrenders, Deliverys

A

Oral materials (prosecutions) and sex-based crimes (public trial)

Attorney B

January 25, 2018

A defendant shall be punished by imprisonment for not more than ten months.

Criminal History Office

1. An accusation;

Around October 17, 2016, the Defendant: (a) purchased land on and around April 2013, 2013, and solicited “C to make investments in the development project,” and transferred KRW 150 million to a new bank account under the name of another person C under the name of another person C under the pretext of investing in the development project; (b) on January 15, 2016, the Defendant transferred KRW 75 million to the account under the name of C under the name of another person C under the pretext of full payment of the invested money if he/she invested in the development project of the apartment land, Seoyang-si, Chungcheongnam-si, the Defendant made a statement to the effect that “C would be subject to punishment for fraud,” and (c) made a statement to the same effect that “The Busan District Police Station received dividends from the Busan District Police Station on October 28, 2016,” and made a statement to the effect that “I would receive dividends from the Busan District Police Station on June 15, 2017.”

However, the facts are as follows: (a) the Defendant was invested in KRW 225 million in total with respect to the above land D and E from the Defendant; or (b) there was no fact that the Defendant was affiliated with the Defendant; (c) the investment agreement and the loan certificate submitted by the Defendant attached with the complaint were merely prepared by the Defendant upon the request of C to show the creditors’ repayment demand; and (d) the Defendant was also aware that it was false.

Accordingly, the Defendant reported false facts to public offices for the purpose of having C receive criminal punishment.

2. A criminal escape;

The Defendant knew that C is undergoing an investigation by fraud corresponding to a fine or heavier punishment as above, and, upon being aware of the fact that C had been issued with a warrant of arrest because C failed to comply with the request of the police officer in charge to attend several times and, upon being arrested and detained, C would not play a role to postpone its obligations to its creditors. On August 13, 2017, the Defendant sent C with the phone call with C, “I want to get the police from Busan, I want to take out the phone call from Busan, and I want to take out the phone call only through the public telephone because of this, I want to escape and inform C of the investigation situation and the means of escape.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of suspect C by the prosecution (including the replacement part of the examination);

1. Each protocol concerning the examination of suspect C by the police (including cross-examination);

1. Statement A made to A of each police statement;

1. A complaint, an investment agreement, or a loan certificate;

1. Application of Acts and subordinate statutes to text messages and notarial deeds sent and received by a suspect to C;

1. Article applicable to criminal facts;

Article 156 of the Criminal Act, Article 151(1) of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Reduction of confession: As to the crime of false accusation

Articles 157, 153, and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

Category 1 Crimes (False Accusation)

[Scope of Recommendation] Class 1 (General Dismissal) and Reduction Area (1 month to 1 year)

[Special Mitigation Party] Voluntary Confession 2 Crimes for Voluntary Confession of Voluntary Confession (Abscaming and Concaming Crime)

[Extent of Recommendation] Type 1 (Harboring, Concealmenting, and Escape of Criminal) (1 to 6 months)

[Special Mitigation] Where there is a reason to take special account of the commission of a crime or motive for a crime, the scope of the final sentence according to the aggravation of multiple offenses * One month to one year:

[Decision of Sentence] The act of deceiving another person is not only actively infringing the function of the state's criminal justice but also causing a person without criminal punishment to be subject to unfair criminal punishment. The purpose of this case is to seek a strict punishment against the defendant, and even if the defendant filed a complaint, it is necessary to punish him/her in light of the fact that the defendant's attempt to escape from his/her criminal justice and his/her violation of the function of the criminal justice.

Despite the absence of this case, the criminal punishment for the instant crime was not followed by the efforts of the investigative agency while detained and being investigated. It is more favorable that the Defendant seems to recognize and reflect the facts of the crime.

In addition, in full view of the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant and the environment of the Defendant, etc., the punishment as ordered shall be determined.

Judges Gangseo-dilution