2014Ma136,328 (Joints) Attempted Fraud, Fraud

A

Park Jong-Hy, Kim Sejong-chul, and Noh Jeong-ok (Public trial)

Attorney B (Korean National Assembly)

August 29, 2014

A defendant shall be punished by imprisonment for four years.

Seized knife (No. 1) shall be confiscated.

Criminal facts

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피고인은 2014. 2. 24. 23:50 경 경남 양산시 C 피고인의 주거지 앞에서 연인관계에 있던 피해자 D(여, 48세)와 말다툼을 하다 자신의 점퍼 안주머니에 넣어 두었던 과도(칼날길이 12㎝)를 꺼내 피해자의 복부를 향해 찔렀다. 피고인은 피해자가 위 칼을 왼손으로 막아 왼손이 관통되기만 하자, 재차 피해자를 향해 찔렀으나 피해자가 오른손으로 이를 막았다. 피고인은 한 손에 칼을 들고, 다른 한 손으로 바닥에 주저앉아 피를 흘리고 있는 피해자의 목을 감아 자신이 살고 있는 원룸 503호로 끌고 들어갔다. 피고인은 원룸 안에 들어가 피해자의 목에 칼을 들이댔고, 이에 피해자가 피고인에게 "자기야 사랑해."라고 말하며 사정하자 피고인은 연민의 정을 일으켜 범행을 스스로 중지하고 병원에 데리고 감으로써 미수에 그쳤다.

2014Gohap328

On September 20, 2013, the Defendant, at the F cafeteria located in Yangsan-si E, stated that “A mixed wife filed a civil lawsuit and seized the apartment house residing in the head of the Tong and so there is no money in the head of the Tong, so there is no money in the head of the Tong. It is inevitable that the seizure should be made. However, the attorney’s fee is required, the loaned money is paid within two months by filing a lawsuit, and the loaned money is repaid.”

However, there was no intention or ability to repay money within two months even if the defendant borrowed money from the victim because the defendant filed a divorce and civil lawsuit, the defendant's passbook and apartment house were not seized.

As such, the Defendant, by deceiving the victim, obtained 2.5 million won from the victim in cash and acquired 2.5 million won on the same day, and acquired 31.2 million won in total through 12 times, as shown in the attached list of crimes, and acquired 31.2 million won in total.

Summary of Evidence

“2014 Highest 1369

1. Partial statement of the defendant;

1. The witness D's legal statement (the recognition of credibility in light of the whole process, contents, consistency, relationship with the defendant, etc.);

1. Records of seizure and the list of seizure;

1. Each investigation report (the sequence 4, 11, 12 in the list of evidence), 2014, 328;

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Copies of cashier's checks;

1. Details of the Kakao Stockholm letters;

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act ( comprehensively taking account of the objective circumstances before and after the commission of the crime, such as the fact of attempted murder, the selection of limited term imprisonment, the background and method of the crime, the implements and method of use of the crime, the attempted attack, the degree of damage, the possibility of the occurrence of death, etc., it is reasonable to deem that the Defendant was guilty of murder) and Article 347(1) of the Criminal Act ( comprehensively taking into account the following factors:

1. Statutory mitigation;

Articles 26 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act concerning any crime of attempted murder or attempted murder)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment for homicide with more severe penalty)

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act

1. The scope of punishment;

Imprisonment, June 22 and June 22

2. Scope of recommendations;

○ Basic Crime: homicide

[Determination of Punishment] homicide, Type 2 (Ordinary homicide)

[Special Aggravations] - Aggravations: serious injury

[General Persons in Prisons] - Reductions: After committing the crime, the post-rescue of relief, serious reflects

【Scope of Recommendation】

· Imprisonment with prison labor for not less than five years, for not less than 20 years, weapons (the lowest limit of the sentence range is 1/3, for a term of not less than 20 years, for a term of not less than 1/3, for a term of not less than 20 years)

○ Concurrent Crimes: Fraud

【Determination of Punishment】

- Fraudulent crimes, general fraud, type 1 (less than KRW 100,000),

[General Aggravations] - Aggravations: Use of Personal Trust Relationship

- Mitigation elements: serious reflective or criminal punishment;

[Scope of Recommendation] Imprisonment: From six months to one year and six months (Basic Area)

0 Scope of the recommended punishment revised according to the maximum applicable punishment and the standards for handling multiple crimes: Imprisonment for 5 years (minimum limit of the previous recommended punishment) to 22 years (minimum limit of the applicable punishment)

3. Determination of sentence: Four years of imprisonment; and

In the crime of this case, while the defendant had a knife dispute with the victim D who was under his control, he suffered two times the knife knife to the victim's knife, and got knife to the victim's left hand, and then got the victim's knife by deceiving the victim G who was under his teaching system at the same time, and by deceiving the victim's G who was under his teaching system at the same time, he acquired the victim's 31.2 million won. The crime of attempted murder in this case is very dangerous and cruel, the victim's knife that the method of the crime is very dangerous and cruel, the victim's knife would have suffered considerable after being damaged by the knife of his knife. In the case of the fraud, it is inevitable to punish the defendant with severe punishment in light of the fact that the victim deceivings the victim's G by using personal trust, the amount obtained by the victim and the victims did not reach an agreement.

However, even though the crime of attempted murder in the judgment is fully committed, the defendant voluntarily ceased to commit the crime and committed it to an attempted crime, the defendant sent the victim D to the hospital immediately after the crime of attempted murder in the judgment of the court, followed the victim D before being arrested at the hospital, and led to the fact that the victim made a confession as a substitute for each of the crimes in this case, and is in depth and reflects the fact that there is no record of criminal punishment and that there is no record of criminal punishment, etc., the punishment shall be determined lower than the lower limit of the recommended sentence according to the sentencing guidelines in consideration of various sentencing conditions set forth in the arguments in the instant case, such as the defendant's age, environment, character and conduct

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-ho