(영문) 서울중앙지방법원 2015.9.11. 선고 2015고합413-1 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

To order the defendant to pay an amount equivalent to the above fine.

Reasons

Criminal facts

From the end of May 2014, the Defendant became aware of C while doing the relevant work in the middle and the Defendant came to know of C. From the end of May 2014, C obtained money by deceiving D, etc., and was in the process of escape. The Defendant became aware of the fact that C was in the process of escape from the end of October 2014.

Nevertheless, from the beginning of November 2014 to the beginning of February 2015, the Defendant leased a studio in Nam-si, Namyang-si, under the name of the Defendant, and paid C with monthly rent. Moreover, from that point to April 27, 2015, the f107 Dong 302 was a director at the place of the director, and the flue-gu, who had lived in F.107 Dong 302, occupied C from that place.

Accordingly, the defendant concealed the criminal by hiding C while committing a crime and hiding it.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Each prosecutor and police suspect interrogation protocol regarding C;

1. Each police statement concerning D, G, H, I, J, K, and L;

1. Each protocol of seizure and the list thereof;

1. A report on internal investigation (the details of financial transactions submitted by the suspect C to G by a witness), internal investigation report (the investigation of a vehicle provided by the suspect C to G), investigation report (related to the specification of a financial account in use by a witness C), investigation report (related to the amount of money obtained by deception and deposit account by three persons, such as the victim H), investigation report (attached details of financial transactions, etc. on the money damaged by the victim), investigation report (Attachment of details of financial transactions, etc. on the money damaged by the victim), investigation report (Attachment of the details of transactions of the money deposited by the victim), investigation report (Attachment of the document related to the date of generation), investigation report (verification of the place of use of loans related to the period of generation), investigation report (verification of the place of use of the vehicle rent and the place of use

Application of Statutes

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

Article 151(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The Defendant concealed C for about six months by means of giving a personal wife to C, who is passing away from the crime of fraud, etc. In addition, such crime is not a good act that makes it difficult or impossible for the State to properly act in criminal justice, such as investigation, trial, and execution of sentence against the offender. In addition, even though the Defendant was in the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), he/she committed the instant crime without being aware of it. In addition, the Defendant was punished four times more (one time more, two times more, more times more, and one fine). Considering such circumstances, the Defendant needs to be strictly punished.

However, the Defendant made a confession of the instant crime and divided his mistake. The Defendant was found to have been aware of the instant crime for a considerable period of time, and the Defendant was aware of his deception, and did not refuse to refuse the instant crime upon his request, and thus was committed against him, and there are some circumstances to be taken into account in the process of the instant crime. Moreover, the Defendant contributed to actively cooperating with the investigation process on the day when the instant crime was investigated by the police and arresting C. Considering these circumstances, the Defendant was sentenced to a fine for a limited period of time only when it appears to be somewhat harsh to have been sentenced to the suspension of the execution for the instant crime.

Such circumstances are determined as ordered by taking into account all the circumstances that serve as the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime.