A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

A

The difficulty of prosecution, fixed-time excursion ships, and prosperity;

Law Firm B

Attorney C

March 28, 2018

A defendant shall be punished by imprisonment for four years.

Criminal facts

On February 12, 2014, the Defendant falsely stated that “The Defendant would pay interest on twice a month if he/she lends money to the Company as he/she is in need of locking operation funds to the Company through G, which is the Defendant’s wife, at the F office operated by the victim E on the fiveth floor of the Dongdaemun-gu Seoul Metropolitan Government D Building.”

However, from July 2007 to July 1, 2007, the Defendant continued to lend money from the victim to KRW 1.3 billion. From the end of 2013, there was a growing cost of maintaining the company as a result of the Defendant’s excessive expansion of business. From the end of the end of 2013, there was no choice but to use both in paying the amount of the bill back to the victim’s maturity due to the reduction of sales due to the difficulties in the market due to the Sewol ferry and the Mars, etc., and thus, there was no intention or ability to pay the amount of the bill.

Nevertheless, the Defendant, as seen above, received KRW 25.4 million from the victim on February 12, 2014, by deceiving the victim, and then received KRW 25.4 million from that time, from that time until September 18, 2015, a total of KRW 84,32.60,000,000 from that time, as described in the separate crime list, was delivered by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

A summary of the steam

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Each interrogation protocol of G:

1. The application of Acts and subordinate statutes of a copy of a payment note, a copy of a promissory note, a statement of transactions by account, and a list of comprehensive information by management enterprises;

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

[Determination of Punishment] General Fraud. Type 3 (at least 500 million won, less than 5 billion won)

[Special Egresor] - Where a person commits a deceptive act with willful negligence in the mitigated element, or where the degree of the deceptive act is weak.

- where serious damage has been caused to the victim of aggravated factors;

【Determination of Recommendation Area】

Basic Area

[Scope of Recommendation] Three to Six years

jury verdict and sentencing opinion;

1. Opinions of convictions as a result of a verdict of guilt or innocence: Seven jurors (at will);

2. Four years of imprisonment with prison labor for the sentencing opinion: Four persons.

- 5 years of imprisonment: one person;

- Seven years of imprisonment: It is so decided as per Disposition through a participatory trial at the request of the accused for not less than two reasons.

The presiding judge, the Full Judge Line

Judges Kang Jin-han

Judges Do Residents-ho

A person shall be appointed.