2015Hadle 813 Fraud, Violation of the Road Traffic Act (Non-licensed Driving)

New○ (59 years, South Korea), Japan Maintenance Hands

Park Jong-ho ( Indictment) and Kim Jong-ho (Trial)

Attorney Full-time (Korean National Police Agency)

June 4, 2015

A defendant shall be punished by imprisonment with prison labor for not more than four months.

Criminal facts

1. Fraud;

The Defendant, on August 8, 2014, worked for the victim A, who had been employed in the ○○○○○○○○○ in Ulsan-gun, Ulsan-gun, Inc., and had been employed in the same place, had the victim A, who had been employed in the same place, for a long time, work in A, and has been on high-ranking duty. The Defendant retired from office and became aware of a large number of stations A, and 20 million won, had the person who would be a fraudulent act in the Party A employed as a suspended employee.

However, there is no person working in A and there is no person who knows A, and even if the victim receives 20 million won from the victim, he/she has no intention or ability to employ the victim's preliminary resignation as a honest.

As above, the Defendant, by deceiving the victim and deceiving it from the victim on September 2, 2014, received two million won from the national bank account under B (8160,004****) in the name of the defendant around September 2, 2014, from the victim, from around seven times in total as shown in the separate crime list, from around November 10, 2014, a total of nine million won was transferred from the victim as employment recommendation expenses.

2. Violation of the Road Traffic Act (Driving without Permission).

피고인은 2015 . 4 . 7 . 08 : 00경 울산 울주군 ○○○에 있는 빌라 부근 주차장부터 울산시 남구 ○○○에 있는 □□□정비소에 이르기까지 약 15km 구간에서 자동차 운 전면허를 받지 아니하고 25마XXXX호 마티즈 승용차를 운전하였다 .

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. A, gambling* Each police statement of the police against A*

1. Each investigation report (in relation to attachment of a remittance statement and a report on the results of a clinical pathology examination, circumstances leading to the suspect's employment;

investigation of illegal use of another person's name, investigation of emergency arrest circumstance and fear of escape, judicial police officer

Assistant fixed ** Statements - Unlicensed driving)

1. The register of driver's licenses for vehicles on board and on board;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of unauthorized Driving, the Selection of Imprisonment)

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

1. Sentencing criteria (limited to fraud);

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100,000) Basic Area (from June to June)

【Special Convicted Persons】

None

2. Determination of sentence;

Despite the fact that the same criminal records had already been four times, the criminal defendant again committed the crime of this case, and the defendant introduced the name of "bamb○○" to "bamb○○" even for the victim, etc., with the introduction of "bamb○", which is not good, and the defendant has not been agreed with the victim.

In addition, the sentence is inevitable. Provided, That the sentence shall be determined as the same as the order in consideration of the fact that the payment is made and the deposit is made in the amount of KRW 8 million among the total amount of fraud 10 million and KRW 9 million, and that it is against the fact that it is against the order.

Judges Doese

Attached List of Crimes Omission