2018 Highest 197 Fraud, Fraud

2018Ma699 (Joint) Fraud, fraud

2018 Highest 799(combined), night buildings thief, theft

A

Kim Jong-hee, Yellow, Lee Jong-young, Lee Jong-sung (Public Prosecution), Lee Jin (Public Trial)

Attorney X (Korean Office Line)

May 16, 2018

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal History Office

【Criminal Power】

In the case of ○: Imprisonment with prison labor for a period of three years and six months;

○ Progress: On May 30, 2017, the period of parole on November 11, 2017 (the fact of crime)

1. On January 12, 2018, the Defendant, around 14:50 on January 12, 2018, 2018, 201: (a) around 14:50, the Defendant, at the time of Kimhae-si, 159 front of the shooting distance from the shooting distance of the apartment house in Uitopy, had intentionally fluorddoned the victim’s front right to the pedestrian signal at the direction of the victim’s front right to the pedestrian signal.

Nevertheless, the Defendant, by walking the Defendant’s seat, present the left side bridge to the Defendant, and “The Defendant gone out of the hospital, so it is difficult to deal with the insurance as it goes out of the hospital, so it is difficult to reach an agreement here.”

As above, the Defendant, by deceiving the victim as above, intended to receive property from the victim, but the victim continues to assert the receipt of an insurance company’s accident, and thus, did not commit an attempted crime by escaping from the scene, resulting in fear that his crime would be committed.

In addition, from that time until 20:05 of the same day, the Defendant received a total of KRW 2.60,00 from three victims by the above method, and attempted to acquire the property from two victims, but did not commit such intent and did not commit any attempted crime.

2. Around 20:50 on January 8, 2018, the Defendant: (a) discovered one cruise car in the victim’s heart, which passed the crosswalk bypassing the intersection from the original tunnel to the name square at the window of the window at Changwon-si; (b) intentionally faced with the said vehicle by moving the front section of the said vehicle to the name square from the original tunnel; and (c) taking the front part of the said vehicle by hand.

Nevertheless, the Defendant made a false statement to the effect that “The Defendant was against the victim, who was faced with noise, or who was sold in the vehicle. The extent of the hospital to the hospital would vary in cash with 300,000 won.”

As above, the Defendant, as well as by deceiving the victim and receiving KRW 300,000 from the victim, was attempted to acquire KRW 300,000 from the victim's heart ○○ through 300,00,00 from the time to October 10, 2018, and attempted to acquire the property from the victim Kim○○, but did not bring about such intent.

3. 2018 Highest 799, Cases

(a) Larceny;

(1) Victim B

At around 17:30 on November 17, 2017, the Defendant: (a) 26 punched funched 26 punched funched funch in front of the Busan Southern-gu, Busan-gu; and (b) funched funched funched funched funched funked fun (the largest owned fun) at the market price with the victim’s parking. Accordingly, the Defendant stolen fun

(2) Victim C

On November 17, 2017, the Defendant: (a) around 17:31, 2017, 46-2, at the Han Fluter road located in the Nam-gu Busan, Nam-gu, Busan, the Defendant: (b) stolen the Defendant by putting the click flaf, which was parked in the roadside.

As a result, the Defendant stolen one fitness which is equivalent to 50,000 won in the market price.

(b) Night building theft;

On November 17, 2017. 19: 10 KM 10 7.10 7 g 7 g 10 g 7 g 7 g 10 g 7 g 7 g 10 g 7 g 100 g 7 g 10 g 100 g 7 g 100 g 7 g 100 g 7 g 100 g 7 g 100 g 7 g 100 g 7 g 100 g 7 g 10 g 7 g 100 g 7 g 100 g 7 g 10 g 7 g 7 g 10 g g 100 g g 7 g g 100 g g 7 g g g 1000 g g g g 71000 g g g g g g g g g g .200.2

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on occurrence of traffic accidents and investigation reports;

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

Articles 347(1)(Fraud, Imprisonment with prison labor), 352, 347(1)(Fraud, imprisonment with prison labor) of the Criminal Act, 330, 329(Larceny and imprisonment with prison labor) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

Grounds for sentencing

/ Sentencing Criteria

Doe 1 Crime (thief)

A person shall be appointed.

Doese Special Earsens: Aggravationd factors (a repeated offense, excessive damage), mitigation factors (influences other than residence, non-influence of punishment): Reduction Area ( August to June 1)

○ 2 Crime 2 (Fraud) Special Doctrine e.g., aggravating factor (a number of victims), mitigation factor (a partial recovery of damage from the upper part): Aggravating factor (6 months to 1 year and 6 months): Aggraving range according to the aggravation of multiple crimes: August to 2 (the upper limit of crime + the upper limit of crime 1/2) . A sentence of imprisonment with prison labor for 2 years and 6 months: 1 year and 6 months;

○ Aggravated Causes: Cumulative repeated crimes, repeated crimes, amount of law inappropriate, preceding cases (crime 3) after the angle of warrant (crime 1 and 2), etc.

○ Reasons for mitigation: Confession, exemption from punishment for some victims (No. 2 from among crimes No. 1, No. 1 and No. 3 from among crimes No. 2 from among crimes), dependents (one mother and one minor from the former wife), etc.

Judges Laos