2017Gohap585 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

A

Deckhos (prosecutions) and clinical police officers;

Law Firm B

Attorney C

July 19, 2017

A defendant shall be punished by imprisonment for three years.

Criminal facts

The defendant and victim E are between middle school Dongs.

In fact, the Defendant borrowed and used money from other middle school Dongs, such as F, to the effect that it is difficult for the Defendant to use it as the purchase cost for the iron bars, and purchased the monthly amount of KRW 50 million from G in Chungcheongbuk-do to pay KRW 75 million at the construction site of the Daejeon-gu apartment complex with a view to KRW 25 million at the site of the first apartment complex with a view to selling KRW 75 million. When the Defendant borrowed and used the money for the purpose of making it difficult for the Defendant to pay the principal and interest, the Defendant borrowed and used the money from the victim to make it difficult for him to pay the principal and interest.

On July 11, 2012, the Defendant stated that “A victim E shall borrow money from F by putting a phone to the victim E, and F shall pay the money to F, with a view to getting a director. If the Defendant borrowed KRW 30 million, the Defendant would have to pay the money 15 days after the date on which the payment is made.”

However, in fact, F did not have any fact between directors, and the Defendant was thought to pay the principal and interest of other obligations with the amount of money of the victim when the obligation to prevent such return was about KRW 200 million without any particular property or income at the time, so even if he borrowed money from the victim, there was no intention or ability to pay 15 days later.

Nevertheless, the Defendant was transferred KRW 30 million to a new bank account (H) in the name of the Defendant designated by the Defendant on the same day from the victim as above, and received KRW 30 million from the victim, by means of a false statement to the effect that “If the Defendant borrowed money as indicated in the attached Table of Crimes, he/she would lend his/her clothes to a person who performs funeral or use it as the purchase cost of steel bars, and return the principal if he/she talks before the month.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of each investigation report and each account transaction;

1. A complaint;

Application of Statutes

1. Article applicable to criminal facts;

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (generality)

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment for up to 30 years;

2. Application of the sentencing criteria;

[Extent of Recommendation] General Fraud: Type 3 (at least KRW 500 million, less than KRW 5 billion), Basic Area (at least 3 years to 6 years)

[Special Mitigation]

[General Convicted Persons] Voluntary Maternity (Discretionary) and Use of Personal Trust Relationship (Aggravated Aggravation)

3. Determination of sentence: Three years of imprisonment; and

The crime of this case is committed by deceiving a victim in a personal trust relationship with a middle school by deceiving him/her, and it is not good to form a crime. The defendant does not reach an agreement with the victim; the defendant has already been punished three times due to fraud; the defendant has recognized and is in depth and reflects his/her mistake; the defendant's age, occupation, character and conduct, family relationship, circumstances and results of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, shall be comprehensively considered.

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.