2015 Highest 563 Fraudulent

Jeon-○ (1972years)(1972)

Park Jong-chul (prosecution) and family-type (public trial)

Attorney Kim Young-soo (Korean National Treasury)

August 12, 2015

Defendant shall be punished by a fine of KRW 2,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

To order the defendant to pay an amount equivalent to the above fine.

Criminal Facts

On December 2, 2013, the Defendant made a false statement to the effect that “I would like to create KRW 15 million from investment to spring 2014 by making an investment in the futures option.” However, in fact, the Defendant became a bad credit holder due to the failure to pay credit card payments, and the Defendant did not have any property or income, but continued to borrow money from those who were subject to the suspended sentence due to the occurrence of loss, and thus, there was no intention or ability to pay proceeds properly even if I received money from those who were subject to the suspended sentence. The Defendant, by deceiving the victim, did not have the intent or ability to receive money from those who were subject to the said suspended sentence. From December 21, 2013 to December 31, 2013, the Defendant acquired from the victim a 320,000 won list from December 21, 2013 to the 31st day of the same month, thereby omitting the evidence.

Application of Statutes

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

Article 347(1) of the Criminal Act; Selection of fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The sentencing of Article 334(1) of the Criminal Procedure Act is determined as ordered in consideration of the following circumstances.

○ favorable circumstances: The fact of crime, the fact of violation, the fact of fraud, the fact that most of the money acquired is repaid, and the fact that the victim and the victim have agreed smoothly after the conclusion of the pleadings.

○ Unfavorable Circumstances: The Defendant committed the instant crime of the same kind immediately after the judgment was rendered to suspend the execution of imprisonment due to fraud;

○ Other: the age, character and conduct, environment, etc. of the defendant

Freeboard Kim

1) On June 18, 2015, the Defendant was sentenced to four years of imprisonment, etc. for fraud at the Jeju District Court, and the judgment became final and conclusive on June 26, 2015, and the instant crime was committed.

the Defendant, separate from the above previous conviction, was committed before the said judgment became final and conclusive, but on December 12, 2013, the Defendant was sentenced to imprisonment with prison labor for three years in the same court.

On December 20, 2013, after being sentenced to a five-year grace period, etc., the sentence was finalized on December 20, 2013, and on June 26, 2015, the offense for which imprisonment has become final and conclusive on June 26, 2015 is the crime above.

Since the crime of this case was committed before the judgment became final and conclusive, the crime of this case and the crime of this case cannot be judged at the same time, and thus concurrent crimes under the latter part

The relationship may not be established.