2015 Highest 589 Fraud, obstruction of performance of official duties

A

Song-jin (Court of Prosecution) and Cho Jong-tae (Court of Public Trial)

Attorney B (Korean National Assembly)

April 28, 2015

A defendant shall be punished by imprisonment for four months.

Criminal facts

1. Fraud;

Around 21:00 on December 3, 2015, the Defendant ordered two joint owners of two joint owners each week through employees in the same manner that would pay the drinking value. However, even if the Defendant did not possess money at the time, the Defendant did not have any intent and ability to pay the said amount even if he did not receive any alcohol or alcohol from the victim.

The Defendant, by deceiving the victim as above, received delivery of 430,000 won from the victim as well as 4.3 billion won.

2. Performance of official duties;

피고인은 2015. 3. 12. 22:20경 위 E 주점에서 제1항과 같이 피고인이 술값을 주지 않고 소란을 피운다는 내용의 112 신고를 받고 출동한 창원중부경찰서 F지구대 소속 경찰관 G로부터 "술값을 지급하고 귀가하라"는 말을 듣자, 상스러운 욕설을 하면서 주먹을 휘둘러 경찰관의 얼굴을 1회 때리고, 발로 배 부분을 1회 찼다. 피고인은 위와 같이 경찰관을 폭행하여 경찰관의 112 신고 처리업무에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Account statement and business registration certificate;

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was finalized on October 31, 2014 by a defendant who was sentenced to a two-year suspended sentence for the crime of bodily injury at the Seo-gu District Court Branch Branch of the Daegu District Court, which was sentenced to a two-year suspended sentence on August 31, 2014, and the crime of this case was committed during the suspended sentence period; in order to establish the state’s legal order and to eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties; Provided, That the defendant is against his/her mistake, and the victim of the fraudulent case agreed with him/her, and all the sentencing factors, such as the defendant’

Judges Senior Presiding Judge