200 Highest 3309 Fraudulent

66.Li, visit and sale of Kim Seo-so (Gai)

Ulsan Metropolitan City Group:

double prosecution (prosecution) and Kim Scar-jin (Trial)

Attorney Rights* (Korean National Assembly)

December 3, 2020

Defendant shall be punished by imprisonment for not less than two years and six months.

Criminal History Office

The defendant, who is the vice-chairperson of 'O', who is the door-to-door seller of cosmetics, had been aware of the victim's awareness (tentative name), Kim Il-il, and the maximum straw, who is the head of the same company's branch office, in turn, received money from the victims.

1. Fraud against a victim;

A. On November 4, 2019, the Defendant had been in the camp of the ○○○ Training Center located in Leecheon-si and had been continuously investing in the election funds at the time of the company and the general election for the past seven years, and had not been lost once, the Defendant had invested the election funds at the time of the company and the general election for the past seven years, but had been 100% of the investment. The Defendant, after investing money, would ensure that the Defendant would be able to collect the investment funds even if he disposes of the personal property within the country if he does not normally pay the money, even if he would be able to dispose of the personal property within the country, and even if he does not pay the money, he would be able to receive the payment of the principal of the investment funds. The Defendant received the request for the contribution from the TV company and the request for the payment of the principal of the investment by 25% on 20% on 20% on 10% on 25th day on 20th day on 20th day on the investment fund.

However, even if the Defendant received investment money, the Defendant did not have an intent to invest in the election fund and invested in the Korean currency securities, and did not have an earning rate of one, and did not have any other property and did not have the ability to return the investment money to the victim.

Nevertheless, on November 4, 2019, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim’s account in the name of the Defendant (351-*********).

B. On November 29, 2019, the Defendant told the victim on phone calls and stated that “The company with which 500 million won is available is going to enter the account of Na, but in order to withdraw the money by means of the window dressing accounting, it is necessary to set up more time and pay the money first until the said money comes to the account, and thus, if the money is lent KRW 10 million, the Defendant would make it possible to pay the interest and the principal by calculating 20% of the interest and the principal.”

However, the defendant did not keep the money of KRW 500 million and did not have any intention or ability to repay the money even if he borrowed money from the victim without any other property.

Nevertheless, as above, the defendant against the victim by deceiving the victim and deceiving the victim.

The money was transferred to the Agricultural Cooperative (351-********) on November 29, 2019, with the total amount of KRW 90 million transferred on December 23, 2019, and KRW 80 million on December 23, 2019.

2. Fraud against the victim Kim Jong-il;

A. On November 4, 2019, the Defendant continued to invest the election funds at the ○○○ Training Centerhouse located in Leecheon-si, and the Victim Kim Jong-il invested the government’s election funds at the time of the presidential election for the last seven years, and no one failed at the same time. Even after the past election, 100% of the election funds was invested by the relative branch, and 100% of the investment was made. If the money was invested, the Defendant would be able to collect the amount of the investment even if he disposes of the personal property within the country if the money was not normally paid, the Defendant would be able to pay the principal of the investment even if he did not dispose of the personal property within the country. Also, the amount of the asset management was conducted not only by the operation of the assets, but also by evaluating the amount of the property, and by receiving the VIP room from the Han-si Securities Market to make an investment in the ordinary class program, the Defendant received a request for the contribution to each election fund at the end of 20% of the 25th month interest."

However, even if the Defendant received investment money, the Defendant did not have an intent to invest in the election fund and invested in the Korean currency securities, and did not have an earning rate of one, and did not have any other property and did not have the ability to return the investment money to the victim.

Nevertheless, on November 4, 2019, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim’s account in the name of the Defendant (351-*********).

B. On December 23, 2019, the Defendant told the victim on phone calls and stated that “The company with which 500 million won is available is going to enter the account of Na, but in order to withdraw the money by means of the window dressing accounting, it is necessary to keep the money more time and to pay the money more than 50 million won first until the said money comes to the account, so that the Defendant would pay the interest of 20% of the interest and the principal by calculating the interest of 50 million won if he/she lends the money to 50 million won.”

However, the defendant did not keep the money of KRW 500 million and did not have any intention or ability to repay the money even if he borrowed money from the victim without any other property.

Nevertheless, as above, the defendant against the victim by deceiving the victim and deceiving the victim.

The Agricultural Cooperatives (C.51-********) transferred KRW 50 million on December 23, 2019 to the No. 351-*****).

Around November 4, 2019, the Defendant continued to invest the election fund at the time of the public election and the general election in the ○○ Training Center camp located in Leecheon-si, the Defendant: “The Government had invested the election fund for the past seven years, but did not have failed at least once; and even after the lapse of the total election, 100% of the investment was made by friend-gu after investing the election fund, the Defendant would be able to collect the principal of the investment even if he disposes of the personal property within the fund, and even if he does not normally pay the money, he would be able to receive the payment of the investment fund even if he disposes of the personal property within the fund.

However, even if the Defendant received investment money, the Defendant did not have an intent to invest in the election fund and invested in the Korean currency securities, and did not have an earning rate of one, and did not have any other property and did not have the ability to return the investment money to the victim.

Nevertheless, on November 4, 2019, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim’s account in the name of the Defendant (351-*********).

Summary of Evidence

(Omission)

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 Imprisonment

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act; 1. The grounds for sentencing;

[Determination of Punishment] The General Fraud [Type 2] is more than KRW 100 million, less than KRW 500 million (no special person).

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for up to four years

2. The sum of the amount of damage to the victims of three decisions on the sentence of punishment reaches KRW 230,000,000, and the damage was not completely recovered. The extent of the Defendant’s false statement made to the victims is strong, and the Defendant did not intend to commit fraud. As such, the crime is not more likely to be committed compared to fraud by simple loan fraud or willful negligence. The Defendant has been punished several times, including the suspension of the execution of imprisonment, due to criminal fraud.

The sentence shall be determined like the order in consideration of the circumstances, such as the fact that there are some responsibility of victims who paid large amounts of money without any special verification and the fact that the responsibility is recognized and the sentence is divided.

Judges Kim Yong-hee