2020 Highest 2581 A. Fraud

(b) Violation of the Narcotics Control Act;

1. Labor, repeated crime, 60 years old, and real estate brokerage assistant;

Busan

2. A pregnant criminal, 62 years old, South and North Korea, and members of the Company;

Busan

He/she shall be sentenced to prosecution, and his/her name (public trial).

Attorney A (for a repeated crime against the defendant)

Law Firm B (for the defendant's voluntary offence)

September 16, 2020

【Criminal Defendant’s repeated crime” is punished by imprisonment with prison labor for three years

[A person who commits an offense against the defendant] A person who commits an offense against the defendant shall be punished by imprisonment for not more than two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive. To order the probationary offender of the defendant to provide community service for 120 hours.

Criminal History Office

【Criminal Power】

Defendant’s repeated crime was sentenced to four months of imprisonment for fraud at the Daegu District Court on November 24, 2017 and completed the enforcement of the said sentence in the Daegu Prison on February 2, 2018.

[Criminal Facts] Even if the Defendants were not a person handling narcotics, they had the victim ○○○ in mind to obtain money from the victim by using a golf with the victim in a state that they adversely affected the victim’s symnasium by drinking psychotropic drugs.

1. Violation of the Act on the Control of Narcotics, etc. (fence) and fraud around March 28, 2020;

On March 28, 2020, at the screen golf course located in Yangsan-si, the Defendants got the victim to take a 10 million won from the victim by deceiving the victim as if they do golf in the same conditions as they do so, and by doing internal golf with the victim whose ability to make a judgment and exercise is lowered. Accordingly, the Defendants conspired to use the psychotropic drugs so as to use the psychotropic drugs so as to attract the victim, and by deceiving the victim, acquired the property from the victim, thereby deceiving the victim.

2. Violation of the Act on the Control of Narcotics, etc. (fence) and fraud around April 18, 2020;

At around 15:00 on April 18, 2020, the Defendants: (a) got the victim to close a car in which a log spawn contains a log spawn ingredient, and (b) got the victim to receive KRW 14 million from the victim by deceiving the victim as if he did golf in the same conditions as he did so; (c) by doing golf in the above screen spawn and the Busan-dong Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

3. Violation of the Act on the Control of Narcotics, etc. (fence) around April 29, 2020;

On April 29, 2020, at around 18:30 on April 29, 2020, the Defendants melted a set of two softs containing a platform ingredients into a tea and food of the victim, and let the victim drink the above tea and food contained in a logbook.

As a result, the Defendants conspired to use a psychotropic drug soft.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution on the two ○○;

1. Each police statement on ○○;

1. Requests for appraisal, a report on narcotics appraisal (number 9), a report on investigation (in the course of the recognition of the case and the attachment of CCTV image data at the time of the crime scene), a report on investigation (in the course of appraisal of the second submitted materials - the result of appraisal of the materials - aropise -), a victim’s photograph of drinking beverages at a screen golf course, a report on request for appraisal, and a statement on narcotics appraisal (in the order of 21), and a report on investigation (in the event of the security of CCTV images at the scene

1. Records of judgment: Investigation report (verification of the fact of being released recently) and the application of the Act and subordinate statutes (No. 57) shall apply;

1. Article applicable to criminal facts;

○ Defendants: Articles 61(1)5, 4(1)1, and 2 subparag. 3 (d) of the Narcotics Control Act; Article 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act (Fraud)

1. Selection of punishment;

○ Defendants: Imprisonment with labor

1. Aggravation for repeated crimes;

○ Cumulative Crime against Defendant: Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

○ Defendant Voluntarily: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendant Voluntarily: Article 62-2 of the Criminal Act

Reasons for sentencing

[The defendant's repeated crime of this case is acknowledged under the circumstances favorable to the defendant. The defendant's motive or method of the crime of this case is very poor, the defendant committed each crime of this case without being aware of the repeated crime period due to fraud, and the defendant appears to have agreed with the victim or not made any effort to recover damage, etc. The defendant's role and degree of participation in the crime of this case, the amount of damage of this case, age, character and behavior, environment, motive, means and result of the crime of this case, etc. shall be determined as ordered by taking into account all the circumstances shown in the records, such as the crime of this case, etc.

[A] When considering the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant agreed with the victim and the victim did not want to punish the Defendant; (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant determined that the role or degree of participation in the instant crime was low compared to the above Defendant; (c) the motive or method of the instant crime was very poor; and (d) the Defendant’s motive or method of the instant crime was considered as disadvantageous to the Defendant; and (d) the Defendant’s punishment was determined as ordered by taking into account all the circumstances revealed in the records, including the amount of damage, age, character and behavior, environment, motive, means and consequence of the instant crime

judges or higher,