2014Gohap686 Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

Violations (Rape, Rape, etc.)

Violation of the Act on Special Cases concerning the Punishment, etc. of Crimes

(B) fraud, fabrication of private documents, or uttering of a falsified document

2015Gohap536 (Joint), 2016Gohap21 (Joint), 2016Gohap22 (Joint), 2016

Gohap23 (Joint), 2016 Highis25 (Joint), 2016 Highis52 (Joint), 2016 Highis

169(Joint), 2016, 289(Joint)

2015 early 1910, 2016 early 151 Application for a compensation order

A

Hashee, Hashee, Gosong, Kusong, Tasong, Kasong, Task, South-win, Haskyn, Hasn, Hasn,

Permanent acceptance (each indictment) and Lee Young-young (public trial)

Attorney B (Korean National Assembly)

1. C.

2. D;

August 12, 2016

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

The defendant paid 75,100,000 won to C who is an applicant for compensation, and 850,000 won to D who is an applicant for compensation.

The above compensation order may be provisionally executed.

Criminal facts

【Criminal Power】

On April 28, 2016, the Defendant was sentenced to imprisonment for six months at the Daegu District Court for fraud, and the judgment became final and conclusive on May 10, 2016.

[Criminal Facts] [2014 Highly 686: Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence)] Defendant requested the victim E (the age of 23) to meet with singing customers and helpers, and rejected the request.

Around 06:00 on November 11, 2013, the Defendant found a method of entering the residence of the victim located in the North-gu, Daegu-gu, Daegu-si, into the house by opening the door, which the victim opened. The Defendant: (a) went to the house by opening the door; (b) as if there were dangerous weapons or dangerous articles in the steering knife with the victim’s hand in; and (c) as if there were dangerous weapons or dangerous articles in the steering knife; and (d) as soon as he dies, the Defendant reported to the police. The Defendant reported to the police that the victim’s cell phone was to be removed; and (d) the Defendant died by taking the victim’s body on the floor after cutting off the victim’s cell phone; and (d) the Defendant died by taking the victim’s body on the floor.

Accordingly, the victim, who was frighten, led the victim to a defect in order to correct the defendant, and the two persons sit and talk. Among the above, the defendant "I am all about whether or not he has been in his possession of her inside? ? ? ? 'I am?', the defendant threatened the victim, turns out the victim' on the floor, laid down the victim on the floor, down the victim', and cut off the knife and stopped the victim's resistance. At the request of the defendant, the victim thought that he would be at any danger and injury, and stop down. The defendant exceeded the victim's fright and panty, and sexual intercourse by inserting his sexual organ into the victim's sexual organ.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

[2015Gohap536]

1. Fraud (former 2015 highest 4773);

On May 19, 2015, the Defendant: (a) reported on May 19, 2015, the content that the victim purchased a master’s item posted on the Internet website of the Daejeon-gu Daejeon-gu, Daejeon-gu; and (b) made a false statement to the effect that the Defendant would send a sentence upon deposit with the victim. However, even if the Defendant received money, he did not have the intent or ability to sell the above sentence.

The Defendant, by deceiving the victim as above, received KRW 1,00,000 from the victim to the post office account (K) under the name of J, who is the defendant's leakage.

The Defendant, from around that time to September 25, 2015, by deceiving the victims by the aforementioned means, and received total of KRW 11,850,000 through 13 times as shown in attached Table 1 of Crimes List.

2. Fraud (Before annexation 2015 highest 5043);

On April 4, 2015, the Defendant: (a) connected the Internet NAV LC in Daejeon-gu, Daejeon-gu to the Internet NAVL page, and (b) reported that the victim M purchased the NAT in the bulletin board; and (c) made the phone call to the victim and sold the NAT and Belgium when paying the price.

However, the defendant did not have any intention or ability to sell the paper to the victim, as well as there was no intention or ability to sell it.

The Defendant received 810,000 won from the victim under his/her name to the Daegu Bank account (N) in the name of the Defendant or J, and received 20,000 won in total under the name of the Belgium on the sixth day of that month, and received remittance from the victim.

From that time until June 5, 2015, the Defendant, by deceiving the victims by the above means, received total of KRW 3,510,000 through three times as shown in the attached Table 2 of Crimes List 2, and acquired it. 3. Fraud (before consolidation, 2015 Highest 5049)

Around August 23, 2012, the Defendant made a false statement to the effect that “the money is needed to get off or get off the house.” The Defendant would receive the money from a son located in Australia at the end of October, and thus, would have borrowed KRW 10 million in this money.” However, the Defendant did not have a factual claim, but did not have an occupation at the time, and was planned to use the said money for the cost of living, so there was no intention or ability to pay the said money.

Nevertheless, the Defendant, by deceiving the victim as above, was given 10 million won as the borrowed money from the victim, in other words, at the victim’s seat.

From that time until October 14, 2013, the Defendant deceptioned the victim as stated in the attached Table 3, and received a total of KRW 75,100,000 in total over 15 times, and acquired it as a borrowed money. 4. Fraud (Before consolidation)

On September 20, 2014, the Defendant made a false statement to the victim 0, who is located in Daejeon-gu Daejeon-gu, Daejeon-gu, that “The Defendant would sell three punishments and one luxt to KRW 2 million by telephone to the victim 0.”

However, even if the defendant receives the factual money, he did not have the intention or ability to sell the above clothes.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Daegu Bank Account (P) in the name of the Defendant under his/her jurisdiction.

From that time until March 19, 2015, the Defendant, by deceiving the victims by the above method, received total of KRW 7.10,000 from seven times, as shown in the attached Table 4 of Crimes List.

[2016Gohap21: Fraud, Forgery of Private Document, and Uttering of Private Document]

The Defendant, along with Q and R, advertised loans on the Internet car page, made false documents on loans from loan applicants to obtain loans from financial institutions, and conspired to collect fees from loan clients.

1. Forgery of private documents and the display of private documents;

A. For the purpose of exercising the date of January 9, 201, Q and R, the Defendant, without authority, prepared one copy of the lease agreement entered into with Q and R as "S, deposit amount of KRW 20 million, monthly rent of KRW 500,000,000 from February 3, 2010 to February 3, 2013, and signed one copy of the lease agreement entered into with Q and R, and signed the seal prepared in advance to the above T's name, and forged one copy of the lease agreement, which is a private document on rights and obligations, by affixing the seal prepared in advance to the above T's name. On January 9, 2013, the Defendant applied for the registration of the business in the Dong-gu, Daegu-gu civil service center, Daegu-gu, Seoul Special Metropolitan City for the registration of business, and exercised it by a tax official who submitted the above forged lease agreement to the competent tax official.

B. For the purpose of exercising the date of January 2013 along with Q and R, the Defendant, without authority, prepared one copy of the lease agreement entered into between V, deposit money 20 million won, lessor W, and Q, in the Daegu-gu U.S., Daegu-dong, Daegu-gu, without authority, and affixed a seal prepared in advance to the name of the said W, and forged one copy of the lease agreement in the name of W, which is a private document on the rights and obligations.

On January 10, 2013, when filing an application for registration of business with the above Dong Daegu Tax Office, the above-gu Tax Office applied for registration of business, and submitted it to the tax official in charge of not knowing the forgery of the forged lease contract as above. The Defendant, along with Qu and R, stated the phrase "X," in addition to the forged lease agreement as described in the above b, without authority, for the purpose of exercising the date on which it is impossible to identify the date of January 1, 2013, and then submitted it to the tax official in charge of not knowing the forgery of the forged lease agreement, which is a private document to the X name and seal affixed to the above X name, and forged one copy of the X lease agreement, which is a private document on the rights and duties, and used it on January 29, 2013.

D. For the purpose of exercising the date of July 19, 201, as Q and R, the Defendant, without authority, prepared one copy of the lease agreement entered into with Q and R, Daegu-dong-gu Y1st, 500,000 won of deposit, Z, and Lessee, using a computer, and affixed the seal prepared in advance to the name of the said Z, and forged one copy of the lease agreement in the name of the private document on the rights and obligations. On August 19, 2013, the Defendant applied for a correction of the registration of business in the public service center of the Daegu-gu Do Tax Office, Daegu-gu, as above, submitted the forged lease agreement to the competent tax official who is aware of the forgery.

2. Fraud, fabrication of private documents, or uttering of private documents in collusion with A;

The defendant, while making a consultation with Q and R on loans, used a forged lease contract and registered business in the name of AA, and conspired to receive loans from financial institutions and to have them divided.

A. On February 19, 2013 and February 2, 2013, AA provided personal information, such as its resident registration number, to Defendant, Q, and R, the Defendant, Q, and R, and written one copy of the lease agreement entered into in the name of "AB, deposit 10,000,000,000,000,000,000,000,000,000, in the name of the Plaintiff and the lessee of the said AC without authority for the purpose of exercising the authority, and then forged one copy of the lease agreement under the name of AC, which is a private document concerning the rights and obligations, by affixing the seal prepared in advance to the name of the said AC, and submitted it to the competent tax official who was aware of the forgery of the above forged lease agreement.

B. On February 20, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of the Korean bank located in Jung-gu Daegu-dong, Daegu-gu, and AA used the business registration certificate issued with the forged lease contract as above, and subsequently, applied for the loan of business funds, and then filed an application for the loan of business funds with the victim’s employee in charge of the victim’s loan, and acquired them by transfer from the victim’s employee to the deposit account in the name of the Korean bank under the name of the Korean bank.

3. Fraud, fabrication of private documents, or uttering of private documents in collusion with AD;

The defendant, while making a consultation with Q and R on loans, used a forged lease contract and registered a business in the name of AD and conspired to receive loans from financial institutions and divide them.

A. On February 26, 2013, AD provided personal information, such as his resident registration number, to Defendant, Q, and R at a place where it is impossible to know on or around February 26, 2013, and prepared one copy of the lease agreement entered into between Defendant and Q, Q, and R, using the pen without authority, and then affixed a seal prepared in advance on the name of the above AE, and forged one copy of the lease agreement under the name of AE, which is a private document on rights and duties, and used it by submitting it to the competent tax official who is aware of the forgery of the forged lease agreement, when applying for registration of business under the name of AD at the civil service office of the above Daegu Tax Office.

B. On March 4, 2013, the Defendant, along with Q and R, created necessary documents for the above loan at the branch of the victim bank in Korea, the location of which is unknown, and AD used the business registration certificate issued with the forged lease contract as seen above, and applied for a business loan and then transferred KRW 18 million from the employee in charge of the victim to the bank account in the name of the bank in Korea under the name of AD and acquired it by fraud.

4. Fraud, fabrication of private documents, or uttering of private documents in collusion with AF;

The Defendant, while consulting Q and R on loans with AF, used forged lease contract and registered its business in the name of AF, and conspired to receive loans from financial institutions and to have them divided.

A. AF, around February 27, 2013, provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the Daegu Daegu Tax Office, and prepared one copy of the lease agreement entered into between Defendant, Q, and R using the pen without authority and without authority, for the purpose of exercising his/her rights, the Defendant, Q, and Q, and Q, and then forged one copy of the lease agreement under the name of AE, a private document on rights and duties, affixed a seal prepared in advance on the name of the above AE and affixed it to the seal prepared in advance on the back of the above AE name, and then submitted it to the competent tax official who is aware of the forgery of the forged lease agreement.

B. On March 5, 2013, the Defendant, along with Q and R, created necessary documents for the above loan at the branch of the Korean bank located in Jung-gu Daegu-dong, Daegu-gu. AF used the business registration certificate issued with the forged lease contract, leading AF to run the business normally, and applied for the loan of the business fund, and subsequently, acquired KRW 20 million from the employee in charge of the victim to the bank account in the name of the Bank in the name of the Republic of Korea under the name of the date loan.

5. Forgery of private documents and uttering of private investigation documents in collusion with AG;

The Defendant, along with Q and R, conspiredd to obtain a business registration certificate by using forged lease contract so that AG can obtain a loan, while consulting with AG that reported and contacted Internet advertising with Q and R.

On March 21, 2013, AG provided personal information, such as his/her resident registration number, to Defendant, Q, and R at the public service center of Gyeongsan-si, which is located in the Gyeongsan-si Museum of Gyeongsan-si, the Defendant, Q, and R, prepared one copy of the lease agreement entered into by the pen without authority for the purpose of exercising the right and interest of the Defendant, Q, and R, and then affixed the seal prepared in advance to the name of the above AE, and forged one copy of the lease agreement under the name of AE, which is a private document on the right and interest of the rights and interest, affixed the seal prepared in advance to the name of the above AE, and then submitted it to the competent tax official who is aware of the forgery of the forged lease agreement.

6. Fraud, fabrication of private documents, or uttering of falsified documents in collusion with AH;

The defendant, Q, and R conducted a business registration under the name of AH by using a forged lease contract with AH that reported and contacted Internet advertising, and conspired to receive loans from financial institutions and divide them.

A. On March 22, 2013, AH provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the East Daegu Tax Office, and the Defendant, Q, and R, using a computer without authority, drafted a new lease agreement with AH and AI changed into “from March 16, 2012 to March 15, 2013,” and affixed a seal prepared in advance to the name of the AI, thereby forging one copy of the lease agreement in the name of AI, which is a private document on rights and duties, and at the same time, submitted it to the competent tax official who is not aware of the forgery of the forgery agreement, upon applying for registration of business under the name of AH in the Dong Daegu Tax Office, the government-affiliated Tax Office filed an application for registration of business under the name of AH, and submitted it to the competent tax official who is aware of the forgery of the forgery agreement.

B. On March 25, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of the victim bank in the Daegu Suwon-gu Bank branch. AH made use of the business registration certificate issued with the forged lease contract, and made an application for the loan of business funds in a manner that AH would normally operate the business and applied for the loan of business funds from the employee in charge of the victim, who was transferred KRW 8.2 million from the victim to the bank account in the name of the Republic of Korea under the name of the victim, and acquired it by fraud.

C. On April 10, 2013, the Defendant created one false employment certificate at the Daegu Bank Branch of the Victim, Inc., Ltd., Daegu-gu, Q and R, which was registered under Q to obtain a loan from AH, and AH actually prepared a false employment certificate as above, and he applied for a loan as the above V employee, and the Defendant acquired 5 million won from the victim’s employee in charge of the loan to the deposit account in the Daegu Bank under the name of H, Daegu-gu.

7. Fraud, fabrication of private documents, and uttering of private documents in collusion with AJ;

The Defendant, along with Q and R, used the forged lease contract to use it under the name of the AJ and conspired to receive loans from financial institutions and to have them divided.

A. On March 28, 2013, the AJ provided Defendant and Q. R with personal information, such as his resident registration number, in the East Daegu Tax Office, and entered the computer into the form file of the lease agreement using the computer without authority for the purpose of exercising the rights and obligations, and printed it into the Daegu Suwon-gu K, the deposit amount of KRW 5 million, the lessor, and the lessee, and then affixed the seal prepared in advance to the name of the above AI and forged one copy of the lease agreement under the name of the AI, which is a private document on the rights and obligations, and then submitted it to the competent tax official who is aware of the forgery of the forgery lease agreement as above.

B. On March 28, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of the Korean bank located in Jung-gu Daegu-dong, Daegu-gu. AJ used the business registration certificate issued with the forged lease contract, leading the AJ to normally operate the business, and applied for the loan of the business fund. This belongs to the employees of the Korean bank in charge of the victim bank, which was the victim bank, transferred KRW 20 million to the deposit account in the name of the Bank in the name of the AJ, and acquired it by fraud.

C. On May 30, 2013, the Defendant, along with Q and R, created one copy of a false employment certificate from the “AL” registered in Q Q’s name to obtain a loan from the Victim, Inc., Ltd., Ltd., which is located in Daegu Suwon-gu, Daegu-gu, as of May 30, 2013. AJ duly prepared a false employment certificate, as seen above, and filed an application for a loan with the said AL employee, and then acquired 6 million won from the victim’s employee to the deposit account in the name of the J T T Savings Bank on a daily basis.

8. Forgery of private documents and display of private investigation documents in collusion with AM;

The Defendant, along with Q and R, conspiredd to obtain a business registration certificate by using forged lease contract so that AM can obtain a loan, while counseling on loans with AM that came to know through the Internet.

On April 15, 2013, AM provided personal information, such as his resident registration number, to Defendant, Q, and R in the East Daegu Tax Office, and entered and printed out a computer into the file of a lease agreement form using the computer without authority for the purpose of exercising the right and use of Defendant, Q, and R into the Dong Daegu Tax Office, and then affixed the seal prepared in advance to the name of the above AE, and forged one copy of the AE lease agreement under the name of the public document on rights and duties, which is a private document, affixed the seal prepared in advance to the name of the above AE, and then used it by submitting it to the competent tax official who is aware of the forgery of the forged lease agreement, while applying for registration of business under the name of AM at the public service center of the above Daegu Tax Office.

9. In collusion withN for fraud, fabrication of private documents, or uttering of a falsified document;

The Defendant, while receiving information on loan letters with Q and R and consulted about loan letters, had registered business in the name of NN using the forged lease contract, and conspired to receive loans from financial institutions and have them divided.

A. On April 17, 2013, NN provided Defendant, Q, and R with personal information, such as his/her resident registration number, in the East Daegu District Tax Office, and entered and printed out a computer into the form file of the lease agreement using the computer without authority for the purpose of exercising the right to use the Defendant, Q, and R into the 1st floor of the building AK, the deposit amount of KRW 10,000,000,000,000,000,000,000 in the location, and affixed the seal prepared in advance to the name of the above AI and forged one copy of the AI lease agreement, which is a private document for rights and duties, affixed the seal prepared in advance to the name of the above AI, and then submitted it to the competent tax official who is aware of the forgery of the lease agreement.

B. On April 19, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of the Korean bank located in Taedong-gu, Daegu Northern-dong. The Defendant: (a) took advantage of the business registration certificate issued with the forged lease contract, and (b) took advantage of the business registration certificate; (c) applied for the loan of business funds; and (d) applied for the loan from the victim’s employees in charge, transferred KRW 16.7 million to the deposit account in the name of the Korean bank in the name of the victim’s name; and (c) took it by fraud.

C. Around April 26, 2013, the Defendant, along with Q and R, made necessary documents for the above loan at the branch of Hansung-dong, Hansung-dong, Inc., Ltd., the Defendant: (a) applied for the loan in the same manner as above; (b) and (c) transferred KRW 23.6 million from the employee in charge of the victim to the deposit account in the name of Han bank in the name of Hansung-dong; and (b) in collusion with AO on October 26, 2013, the Defendant acquired them by transfer from the victim’s staff member to the deposit account in the name of Han-dong.

The defendant, while providing Q and R with a loan consultation with AO that contacted with Q and R, used a forged lease contract, registered a business in the name of A0, and conspired to receive a loan from a financial institution and divided it.

A. On April 18, 2013, AO provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the Gyeongsan Tax Office, and entered and printed out a computer into the form file of a lease agreement using a computer without authority for the purpose of exercising the right and interest of Defendant, Q, and R into the name of 303, 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

B. On May 2, 2013, the Defendant, along with Q and R, created necessary documents for the above loan at the branch of the victim bank in Jung-gu, Daegu, Daegu, and AO used the business registration certificate issued with the forged lease agreement, and subsequently, applied for the loan of business funds in a manner that AO would normally run the business, and that is, the Defendant acquired the money by transfer from the employee in charge of the victim to the deposit account in the name of the Bank in the name of the Republic of Korea under the name of Q and R, and acquired the money by fraud.

11. Fraud, fabrication of private documents, or uttering of private documents in collusion with the AP;

The Defendant, along with Q and R, received a loan from a financial institution and conspired to have it divided after using a forged lease contract that was entrusted with a loan from the former female job-friendly AP, and registered in the name of AP.

A. AP, around May 15, 2013, provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the East Daegu Tax Office, and entered and printed out a computer into the form file of a lease agreement using the computer without authority for the purpose of exercising the authority of Defendant, Q, and R into the first floor of AP building in Daegu-gu, Daegu-gu, a deposit of KRW 5 million, a lessor, a lessee, and a lessee, and then forged one copy of a lease agreement under the name of AP, which is a private document on rights and duties, affixed a seal prepared in advance on the name of the above AP and affixed the seal affixed thereto, and then submitted it to the competent tax official who is aware of the forgery of the lease agreement.

B. On May 20, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of Hansung-dong, Han Bank, Inc., Ltd., the Defendant: (a) used the business registration certificate issued with the forged lease contract, and (b) applied for the loan of business funds in a manner that AP would normally run the business; and (c) applied for the loan of business funds from the employee in charge of the victim, who was transferred KRW 17,990,000 to the account in the name of Han Bank in the name of Han Bank.

12. Fraud, fabrication of private documents, or uttering of falsified documents in collusion with AS;

After receiving a loan consultation from AS who wishes to borrow loans together with Q and R, the Defendant registered his business in the name of AS after using the forged lease contract, and conspired to receive loans from financial institutions and to have them divided.

A. On June 3, 2013, AS provided Defendant, Q, and R with personal information, such as his resident registration number, in the East Daegu Tax Office, from the Defendant, Q, and Q, and entered a computer into and output from the file of a lease agreement form without authority for the purpose of exercising authority, using the Defendant, Q, and R into a computer, and then affixed a seal prepared in advance on the name of the said ATS, and forged one copy of the lease agreement under the name of ATS, a private document on rights and duties, affixed a seal prepared in advance on the name of the said ATS, and then submitted it to the competent tax official who is aware of the forgery of the forged lease agreement.

B. On June 4, 2013, the Defendant, along with Q and R, made the necessary documents for the above loan at the branch of the victim bank in Korea, the location of which is unknown, and subsequently applied for a loan in the name of AS as delegated by AS., and then, the Defendant transferred KRW 20 million from the employee in charge of the victim to the bank account in the name of AS bank account in Korea.

13. In collusion with the AU, fraudulent, fabrication of private documents, and uttering of falsified or falsified documents

The Defendant registered a business in the name of AU that wishes to borrow a loan with Q and R and conspired to receive a loan from a financial institution and divide it.

(a) Forgery of private documents and the display of private documents;

1) On June 5, 2013, AU provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the North Daegu metropolitan tax office located in Daegu Northern District, Daegu Northern District, and entered the pen in the form of a lease agreement using the pen system without authority for the purpose of exercising his/her rights and duties, and then entered in the name of the Defendant, Q Q, deposit KRW 500,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000, and00,000,000,000,000,000,000,000,000,000,000,000,00

2) On June 13, 2013, the Defendant: (a) made use of a computer without authority using the personal information of the Defendant, Qu, and R in the East-gu Daegu Tax Office, Daegu-gu, Daegu-gu, the Defendant used the computer for the purpose of exercising AU; and (b) made it into the Daegu-gu, Daegu-gu, the amount of KRW 500,000,000,000,000,000,000,000,000,0000,000,000,000

One copy of the lease contract under the name was forged and applied for a correction of registration of business in the name of the public service center in the same Daegu Tax Office, and the above forged lease contract was submitted to the tax official in charge who is not aware of the forgery.

(b) Fraud;

On July 3, 2013, the Defendant created documents necessary for loans with Q and R at a branch of the Victim Bank, Inc., Ltd., the location of which is unknown. AU, using the business registration certificate issued with a forged lease contract, enables AU to run a business normally, and applied for a loan of business funds. The Defendant acquired KRW 10 million from the employees in charge of the victim to the deposit account in the name of the Bank of Korea under the name of the Bank of Korea, and acquired them by fraud.

14. Fraud, fabrication of private documents, and uttering of falsified documents in collusion with AV;

The Defendant was entrusted with a loan from AV, which became aware of through Q and R along with loan guidance letters, used a forged lease contract, registered as a business in the name of AV, and conspired to receive a loan from a financial institution and to have it divided.

A. AV, around June 18, 2013, provided personal information, such as his/her resident registration number, to Defendant, Q, and R in the East Daegu Tax Office, and entered and printed out a computer into the form file of the lease agreement using the computer without authority for the purpose of exercising the authority of Defendant, Q, and R into the 1st, the 5 million won of the deposit, the 5 million won of the deposit, the NAE, the lessee, and the AV, and then forged one copy of the lease agreement under the name of AE, which is a private document on the rights and obligations, due to the date the seal prepared in advance to the name of the above AE, was forged. On that day, when applying for registration of business in the name of AV in the Dong Daegu Daegu Tax Office, the public service center of the Dong Daegu Tax Office submitted the forged lease to the tax official who is aware of the forgery

B. On June 27, 2013, the Defendant, along with Q and R, made necessary documents for the above loan at the branch of Hansung-dong, Han Bank, Inc., Ltd., the Defendant: (a) used the business registration certificate issued with the forged lease contract, and (b) applied for the loan of business funds in a manner that AV would normally run the business; and (c) applied for the loan of business funds from the employee in charge of the victim, who was transferred KRW 1,450,00 to the account in the name of Han Bank in the name of Han Bank.

15. Fraud in collusion with W

The Defendant was given a loan consultation with Q and R, and was offered to obtain a loan from a financial institution through a false certificate of business registration in the name of R, using a certificate of business registration in the name of R to obtain a loan from the financial institution.

The Defendant, along with Q and R, made use of a computer on May 201, and issued to AW a certificate of employment with which Q and R used the computer as AX employee from December 29, 201 to May 14, 2013, and submitted the above certificate of employment to AW at the point of the victim bank, Inc., Ltd., the location of which is unknown on May 14, 2013, and submitted it along with the loan application documents. The Defendant acquired KRW 16 million from the employee in charge of the victim’s loan to the deposit account in the name of AW bank.

16. Fraud in collusion with AY

The Defendant received contact with Q and R and conspired to receive loans from financial institutions by using the AX business registration certificate in the name of R to issue a false certificate of employment with Q and R.

The Defendant, along with Q and R, made use of a computer on May 201, and issued to AY a certificate of employment with the content that Q and R used it as AX employees from November 29, 201 to May 14, 2013, and submitted a certificate of employment at the point of the victim Korean bank located in Seo-gu, Daegu-gu, Daegu-gu, as if the above certificate of employment was duly prepared, and submitted it along with the loan application documents. The Defendant acquired KRW 6,30,000 from the employee in charge of the victim to the bank account in the name of Y bank account in the name of Y, and acquired it by transfer from the victim to the bank account in the name of Y.

17. Fraud in collusion with the AZ;

The Defendant, along with Q and R, received loans from AZ which became a contact through the Internet, and issued a false certificate of employment using the AL business registration certificate in Q’s name, and conspired to receive loans from financial institutions to have them divided.

On June 2013, the Defendant, along with Q and R, made a certificate of employment that “AZ” is a member of the AL as “work” from January 4, 2012 to June 27, 2013, and issued it to AZ, and AZ submitted the above certificate of employment at the point of the victim Korean bank, Inc., Ltd., the location of which is unknown on June 28, 2013, as if the above certificate of employment was duly prepared, and acquired it by transfer of KRW 13 million from the employee in charge of the victim to the deposit account in the name of the Korean bank in the name of the Korean bank.

18. In collusion with BA for fraud

The Defendant received loan counseling from BA introduced through Q and R, and issued a false certificate of employment using a business registration certificate issued in Q name, and conspired to receive loans from financial institutions and divide them.

A. The Defendant, along with Q and R, made use of a computer on July 2013, and issued to BA a certificate of employment that “work” from January 4, 2012 to June 27, 2013 with Q and R, and submitted to BA a certificate of employment at one of the victim’s branch offices located in Daegu Suwon-dong-dong around July 3, 2013, while submitting the said certificate of employment as if the above certificate of employment was duly prepared. The Defendant acquired KRW 20 million from the employee in charge of the victim’s loan to one bank account in the name of BA bank.

B. On September 1, 2013, the Defendant, along with Q and R, made a certificate of employment that “BA uses a computer as BB member from January 1, 2012 to September 2, 2013, and issued to BA a certificate of employment that “work” to BB member; BA, around September 4, 2013, submitted the documents of loan application along with the documents of loan application when the above certificate of employment was duly prepared at the head office of the Bab Savings Bank Co., Ltd., Ltd., Ltd., the injured party in the Daegu Suwon-gu Suwon-dong, Daegu-gu, as well as the documents of loan application, acquired KRW 10 million from the employee in charge of the victim’s loan as the deposit account in the name of BA.

[2016 Gohap22: Fraud, fabrication of private documents, and uttering of falsified Investigation Documents] The Defendant and AD offered loans by preparing documents, such as a false certificate of employment, as the Defendant and AD were employees, to have the loans divided, on May 2013.

On May 6, 2013, the Defendant, in collusion with AD or a loan hub with which the name is unknown, filed an application for a loan with the applicant for the loan and the Defendant as a joint and several surety by pretending that both the Defendant and the Defendant are employees of V with the victim’s three mutual savings banks, the victim’s three million won, namely, the victim’s seat, obtained 3 million won from the victim for the loan.

[2016Gohap23] Fraud

1. Crimes against the victim BC;

On January 10, 2014, around 28, the Defendant puts up a false statement that he had access to the Internet intermediate trading website 603, Daegu Jung-gu, Daegu-gu, sold Happetet, and reported it to the victim BC, stating that “I will send the goods if you send the price.” However, even if the Defendant received money, he did not have any intention or ability to sell the said clothing.

As above, the Defendant, by deceiving the victim, acquired 600,000 won through the bank account (Account Number: BE) in the name of the Defendant from the victim, which was used by the Defendant.

2. Crimes against victim BF;

On November 4, 2014, the Defendant made a false statement to the effect that he/she was connected to the above “Wilwa” and sold the sweet at the above place, and that he/she would send the goods to the victim BF who reported and contacted it. However, even if the Defendant received money, he/she did not have any intention or ability to sell the said clothing.

As above, the Defendant, by deceiving the victim, received 600,000 won from the victim to the above bank account used by the Defendant.

[2016Gohap25] Fraud

Around December 26, 2014, the Defendant posted a letter stating that he/she would put up a fastenk on the Internet website at the Jung-gu Daejeon-gu Daejeon website, Daejeon, and falsely called “to send the goods to the victim BG, who sent the price of KRW 1,100,000,000.” However, even if the Defendant did not have a ticket and received money, he/she did not have any intention or ability to sell the said item even if he/she did not receive money.

As such, the Defendant, by deceiving the victim, received KRW 1,100,000 from the victim under the name of J (Account Number: BH) that was the Defendant’s leakage, as the price for the goods. From around that time to March 8, 2015, the Defendant, by deceiving the victims by the aforementioned means, and by deceiving the victims, received a total of KRW 8,060,000 through six times as indicated in the following list of crimes: [2016,52: Fraud]

On October 5, 2014, the Defendant posted a false statement on the Internet NAVV bulletin board, stating that he/she will deliver the goods to the victim BI (the age of 21) who sent 3,50,000 won to 3,50,000 won. However, even if the Defendant received money from the victim, he/she did not have any intent or ability to sell NAP.

As above, the Defendant, by deceiving the victim, received 350,000 won from the victim to the bank account (BE) in the name of BD under the pretext of the Cheongba money.

[2016Gohap169: Fraud]

On February 10, 2014, the Defendant posted a letter stating that he sells the Internet NAV car page to the “BJ” and sent money to the victim BK who reported and contacted this letter. However, even if the Defendant did not have the above letter, he did not have any intent or ability to sell the above letter even if he received money.

As such, the Defendant, by deceiving the victim, acquired 90,000 won from the Agricultural Cooperative Account (Account Number: BH) in the name of J, from the victim.

[2016Gohap289] Fraud

On February 14, 2013, the Defendant made a false statement to the employees in charge of the telecommunications company's agency that could not know the trade name in Daegu Jung-gu, the Defendant would pay the fare of KRW 35,200 per month for each 36-month contract period.

However, in fact, the Defendant applied for the installation of the Internet, etc. at the Internet's domicile at all known person's address with the intention or ability to pay the Internet fees in a normal manner.

Nevertheless, the Defendant, through the above employees, enticed the victim BN operating the Internet affiliate company with the trade name of “BM” in Daegu-gu, Daegu-gu, and acquired 320,000 won from the victim to the national bank account (BO) account in the name of the Defendant on February 15, 2013.

Summary of Evidence

[2014Gohap686]

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. A medical certificate;

[2015Gohap536]

1. Statement by the defendant in court;

1. Examination protocol of suspect against J by prosecution;

1. Each police statement made to C andO;

1. Each statement of I, BP, Q, D, BR, M, Q, BS, BT, BU, BV, BW, BX, and Y; 1. The receipt of passbook-free deposits, photographs, Kakakaooto dialogue, and the photograph of a stack box;

1. Transfer receipt, screen screen of the Internet bulletin board closure, confirmation of each electronic financial transfer result, details of each text message, inquiry of details of transactions, details of each account transaction, etc.;

1. A copy of each remittance statement, receipt, duplicate copy of a bankbook, and CCTV closure (2016 high-scale 21);

1. Partial statement of the defendant;

1. Each prosecutor's protocol of suspect interrogation of Q, R and AD, in part of the court statements, 1. Q and R

1. Each police interrogation protocol on AH, AF, AM, AP, AV,O,N, AY, AY, CA, AW, AG, and AS;

1. Each police protocol on W, AT, CB, AI, AE, R,CC, and CD;

1. A report on investigation (a list of evidence Nos. 3, 51, 55, 76);

1. Reports on internal investigation (the sequence 39 of evidence lists);

1. Each application for business registration (2016, 22);

1. Statement by the defendant in court;

1. Statement made to the police officer with regard to one;

1. Customer information, loan agreements, records of neighboring guarantee, copies of identification cards, and written confirmation of acquisition and loss of eligibility of health insurance-based persons;

1. A copy of a certificate of payment of long-term care insurance premiums and a copy of a passbook from the main bank (2016 high-priced23);

1. Statement by the defendant in court;

1. Police suspect interrogation protocol concerning BD;

1. A written statement of BC and BF;

1. Details of transactions in each account, including photographs, etc. after cutting text messages;

1. Statement by the defendant in court;

1. Police suspect interrogation protocol against J;

1. Each statement of BG, CE, CF, CG, CH, and CI;

1. The contents of each conversation, statement of transactions, closure of each website, photographs with each website closure, registration number photograph, each door-to-door photograph; 1. Details of transactions, and each description of transactions;

1. An application for deposit transactions with agricultural cooperatives, and details of transactions with agricultural cooperatives;

1. CCTV photographs (2016,052);

1. Statement by the defendant in court;

1. A written statement of BI;

1. Certificates of customer's personal information and records of deposit transactions (2016 high-priced 169);

1. Statement by the defendant in court;

1. The police statement concerning the BK;

1. Details of dialogue and details of deposits;

1. Statement by the defendant in court;

1. A BN statement;

1. A certificate of deposit, a letter of contract on the payment of goods, and information on customers in detail;

【Prior Records at the Time of Sales】

1. Application of Acts and subordinate statutes to cases search documents bound in the defendant's legal statement, written judgment and court records;

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

Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the point of rape, the choice of limited imprisonment), Articles 231 and 30 of the Criminal Act (the point of the use of private document and the choice of imprisonment), Articles 234, 231, and 30 of the Criminal Act (the point of exercising private document, the choice of each imprisonment), Articles 347(1), and 30 of the Criminal Act (the point of fraud and the choice of each imprisonment) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and the first part of Article 39(1) of the Criminal Act (trade between frauds as stated in the judgment of each crime and first head on which judgment has become final)

1. Aggravation of concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the punishment, etc. of sexual crimes with the largest sentence (an aggravated punishment for concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)

1. Order to complete programs;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no defendant has been punished for a sex crime for the past 20 years). In light of the circumstance leading up to the instant crime, the relationship with the victim, the defendant’s age, character and conduct, occupation, home environment, social ties, etc., it is difficult to readily conclude that the defendant has the habitor risk of recidivism of a sexual crime, and comprehensively taking into account all the circumstances such as the social benefits expected by the disclosure and notification order, the effect expected by the disclosure and notification order, the disadvantage and anticipated side effects

1. Orders for compensation;

Articles 25(1)1 and 31(1) and the main sentence of Article 31(2) (the application for compensation filed by C, an applicant for compensation, shall be partly accepted within the extent of the amount of damage clearly recognized) of the Act on Special Cases Concerning

1. Where a conviction of a defendant who has registered personal information of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43

The judgment on the establishment of criminal facts (joint principal of fraudulent loans) in the case No. 2015Gohap21.

1. Summary of the defendant and his defense counsel's assertion

There is no fact that the Defendant, along with Q, R, etc., conspiredd to obtain loans from a financial institution by forging or using the lease contract. The Defendant was aware of Q and R, etc. while obtaining Internet loans due to the need for money, and there was no fact that the Defendant was involved in or participated in the crime of acquiring loans by forging or using the lease contract and the certificate of employment in the name of other persons, such as Q and R, and thereby obtaining loans through them.

Although Q and R acknowledged that Q and R were recruited and put in criminal cases against them, they made a false statement to impose criminal liability on the defendant.

2. Relevant legal principles

A. Inasmuch as the fact that a criminal judgment already became final and conclusive on the same factual basis is a flexible evidence, the fact that is contrary to the fact that it is difficult to adopt a factual judgment in the said criminal trial, barring any special circumstance, is not recognized (see, e.g., Supreme Court Decisions 94Da39215, Jan. 12, 1995; 98Du10424, Nov. 26, 1999).

B. A co-principal under Article 30 of the Criminal Act commits a crime jointly by two or more persons. In order to constitute a co-principal, the intent and objective requirements of co-principal are subjective requirements, and the fact of implementation of a crime through functional control based on the co-principal’s intent is required. A co-principal’s intent of co-processing is not sufficient to recognize another person’s crime but to accept it without restraint, and it should be one of the co-principal’s intent to commit a specific criminal act, and to shift one’s own intent by using another’s act.

In addition, the joint execution of a crime by conspiracy is not premised on the fact that all accomplices realize the elements of a crime by themselves, and it is also possible to cooperate with accomplices who implement the act in question to strengthen their decision on the act. Whether it constitutes such a matter should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation in the act, intent to control the act, etc. (see, e.g., Supreme Court Decisions 2015Do5355, Oct. 29, 2015; 2006Do1623, Dec. 22, 2006).

3. Determination

Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by this court, it can be sufficiently recognized that the Defendant conspireds with Q and R as stated in the facts constituting the offense in the judgment, thereby forging and uttering necessary documents for loans, and obtained loans from financial institutions and obtained loans from financial institutions by fraud.

A. The final judgment of conviction against Q and R (hereinafter collectively referred to as " Q and R") was rendered on February 13, 2015, and Q and Q were sentenced to imprisonment for two years and three months in the form of fraud, etc. from the Daegu District Court (2014Do4477) to the Daegu District Court (2014Do477) on November 6, 2014 to three years in the form of fraud, etc., and the said judgment became final and conclusive as it is (hereinafter referred to as "related criminal case"). The criminal facts in Q, etc. indicate that Q, etc. committed a crime in collusion with the Defendant by forging and using loan documents as stated in the judgment in the criminal facts in collusion with the Defendant and by receiving the loan from a financial institution. In light of the legal principles as seen earlier, the facts acknowledged in the final judgment were found in the criminal trial in light of the facts supporting the Defendant's collusion and the facts supporting the employment of evidence, etc. are difficult to be examined below.

(b) Legal statement, etc. of AD, Q and R;

1) AD’s statement

through Q, the witness AD stated in this court that "the defendant is aware of the same kind of loan as low, and the defendant also has taken the same Daegu Tax Office in order to obtain the loan."

However, it is difficult for AD to believe that it is an accomplice who has committed fraud as in collusion with the Defendant as in the facts constituting the crime in the case of 2016Kahap22. Rather, AD made a statement favorable to the Defendant, but in the course of lending, he/she was in parallel with the Defendant at the same time, he/she was in need of additional money on May 2013, and then contacted Q, etc. again, he/she was in need of joint and several liability, and Q, etc. was in need of joint and several liability, and obtained additional fraud loans by making Q and the Defendant as a joint and several surety. In accordance with the above AD’s statement, even according to the above AD’s statement, the Defendant appears to have been involved in and participated in the fraudulent lending of Q, etc.

2) R’s statement

R made a false statement that he/she conspiredd with the Defendant in a related criminal case with an intention to impose criminal liability on him/her on the part of the so-called "the president" by attending this court as a witness, and stated that the Defendant did not have any money divided into commission or allowance to the Defendant, thereby complying with the Defendant's defense.

However, in a related criminal case, R, while recognizing the conspiracy with the Defendant, made a statement from February 7, 2013 to March 25, 2013, that the Defendant deposited total of KRW 12,920,00 in the Defendant’s account, an accomplice, and this is supported by the entry of an objective statement of financial transaction, which is an objective evidence. R’s legal statement is a denial of objective fact-finding. It is difficult to believe that R’s statement in the relevant criminal case is difficult. In addition, R, on the background of making a false statement in the relevant criminal case, stated that “ Q Q gives consent to the Defendant acting as the president of the branch office on condition that the Defendant would pay the amount agreed on the rape of the Defendant (2014Da686) by the Defendant instead of the Defendant.”

However, Q did not make the above statements in this court, while the agreement amount paid to the victim in the above rape case is merely five million won (six million won, even if the defendant alleged to be the defendant), the defendant did not have difficulties in raising the above agreement amount because Q had committed fraud as stated in the crime between 2012 and 2014 and had to acquire more than KRW 100 million. Therefore, it is difficult to obtain the above agreement amount in light of sound common sense and empirical rule that the defendant consented that the total amount of damage would be up to about KRW 280 million in return for the crime of fraud, etc., which is sufficiently anticipated to be sentenced to severe punishment.

3) Q’s statement Q appeared as a witness in this court and made a statement to the effect that it conforms to the Defendant’s defense as a whole, and as to the money remitted to the Defendant’s account, the Defendant entered the amount equivalent to KRW 3 million with cash, or as to the money remitted to the Defendant’s account, the Defendant attempted to lend money under the name of the Defendant, he remitted a certain amount of money of KRW 3 million for each month in which Q intended to keep benefits from a false way, and received a return later.

However, the money remitted to the Defendant by Q, etc. was not KRW 3 million, but KRW 13 million exceeding that four times, and the said money was remitted from KRW 900,000 to KRW 8 million, which is less than KRW 900,000,000 among approximately one half of a month. The said statement made it difficult to believe that it was against the objective fact-finding as above.

Furthermore, while denying the conspiracys between the Defendant and the Defendant, Q said to the effect that “the Defendant would cause us to work,” or that “the Defendant would have tried to help us to work”. The Defendant was in the same place at the time of delivery of AA, AO, AD, AW, BA, etc., and was accompanied by the Defendant at the time of finding a bank or a tax office. In doing so, the Defendant was aware that he was involved in some criminal acts by stating that “the Defendant was simply able to assist the Defendant in the process of carrying out a fraudulent loan work.” Even according to the above statement, the Defendant appears to have been continuously involved in and participated in the criminal act of Q, etc.

C. AF, AM, AP, AV, AV, AJ, AZ, AZ, and AW made a statement that they received a loan from each police statement financial institution of the holder of the loan by being subject to the police investigation, and upon receipt of a fake document from Q to the head of the "A office" introduced from Q, or from the middle and middle of the 30th century to the "40 men". At the time of the crime, Q was 30 years of age and R were 20 years of age, and thus, the number of men who were designated by the said lender is not Q, etc., but the defendant (the 40 years of age at the time of the crime). Moreover, there is no room to view that AF et al. made a false statement by gathering the defendant.

D. The defendant's contradictions, reversed statements, etc.

1) After escape, the Defendant was arrested, and was investigated into the prosecution due to the fraud case No. 15 high 536, the Defendant stated consistently the circumstances leading up to the commission of the crime of fraud by stating, “The Defendant was engaged in the escape life in which he was released from the possession of a private document by forging the private document, and became subject to the necessity of living expenses, and thus making it possible to commit the crime of fraud through the Internet site, such as Gorara, etc.” (Article 359, 366 of the evidence record of the instant case). The Defendant did not make a statement to the effect that he was living in the Republic of Korea due to the crime of which he was not able to escape as

2) When the Defendant was investigated into the instant case, the Defendant refused to make a statement in the police investigation, and in the prosecutor’s investigation, contact Qua, etc. to obtain loans on May 2013, and stated that the Defendant only borrowed KRW 15 million after two to three days, and that the Defendant only borrowed KRW 7.5 million among them, as a fee.

However, there is no objective evidence that the Defendant received a loan of KRW 15 million through Q, etc. (the Q attempted to obtain a loan under the name of the Defendant, but the Defendant stated to the opposite opinion that the loan was not made). The time when the Defendant received money from Q, etc. is no more than the time when the Defendant asserts that Q, etc. was aware of the fact that the Defendant came to know of Q, etc., and the Defendant did not explain the reason why the Defendant received this money until now.

E. Other circumstances

1) The first investigation was initiated only Q et al., but the investigation was expanded on the defendant's wind to first talk about AF et al. before the police investigation was conducted. This is clearly different from the investigation on the head of the ordinary branch office in order to protect the person who actually committed the crime by recognizing the crime first before the main crime of the case was revealed.

In addition, in light of the fact that the Defendant was over 10 years of age, including Q, and that there was a history of criminal punishment several times due to robbery, fraud, violation of the Specialized Credit Financial Business Act, etc., it is difficult to believe that the Defendant consented to the Defendant’s role as a president for Q, etc. even though he did not participate in Q, etc., in obtaining loans from Q, etc.

2) In light of the facts constituting the crime in the judgment, the Defendant, if the Defendant intended to obtain a loan, appears to have been determined whether to execute the loan within a week at the latest, but the Defendant acted together with Q, etc. for several months. Moreover, Q, etc., even though having been urged several persons to obtain a fraudulent loan, there was no other person except the Defendant to provide meals or any other person in the name of the loan. (iii) The Defendant did not explain the money transferred from Q, etc., and in light of the ratio of the fee that Q, etc. received from the nominal holder, the amount of money paid to the Defendant is not smaller than the amount.

Sentencing 2)

The Defendant, by infringing upon the victim E’s residence, rapes the victim, and forging and suggesting a lease agreement and a certificate of employment in collusion with Q et al., acquired the above money by borrowing a total amount of KRW 280 million from the financial institution. The Defendant, as if he were to sell the goods through the Internet transaction website or had no intent and ability to repay the money, acquired the money by deceptioning KRW 11,90,000,000,000 from the financial institution.

The crime of fraud by a defendant is likely to cause serious social and economic harm by intentionally abusing the financial system based on social trust or the Internet commercial transaction system, and the nature and circumstances of the crime are very bad. Nevertheless, the defendant, who did not go against his/her own mistake, was trying to deny his/her responsibility for the crime of fraud, and transferred his/her responsibility to Q Q, etc., who is an accomplice. In addition, the defendant has not made any effort to recover from damage.

Meanwhile, the Defendant had been punished several times due to special robbery, fraud, and minor adulterys (six times). However, the Defendant committed a sexual assault crime with heavy possibility of social criticism and danger, on the one hand, even though he was aware of her efforts to lead a sound social life, and continuously repeatedly and repeatedly committed a fraudulent crime using a forged document against financial institutions. While being investigated as a fraud as stated in the first head of the judgment, he/she was under investigation, even before he/she escaped and was arrested again, and was under the sales of clothes using the Internet trading site, and led to a series of fraud.

Considering these circumstances, it is inevitable to punish the Defendant with severe penalty corresponding to his criminal liability: Provided, That the following circumstances are considered: (i) the Defendant confessions the crime for the remaining criminal facts except the case No. 2013 high-class 21; (ii) the victim E of the rape in his residence; (iii) the Defendant is not subject to the punishment of the Defendant; (iv) the Defendant is a person with bad credit standing, and (v) the instant crime is concurrent crimes with the latter part of Article 37 of the Criminal Act, and thus, the Defendant’s occupation and character, family environment; (v) the motive and consequence of the crime; (v) the circumstances after the crime; and (v) the sentencing of the instant case and the conditions indicated in the pleadings, such as sentencing sentenced to accomplices, etc. in the relevant criminal case, taking into account the circumstances favorable to the Defendant.

The presiding judge and the associate judge;

Revision of Judges;

Judges Lee Dong-ho

1) In accordance with the police statement statement of C (the evidence record of the above case 22 pages), correction ex officio as above was made.

(c)

2) There is a relation between fraud and concurrent crimes in the latter part of Article 37 of the Criminal Act, as stated in the first head of the judgment which became final and conclusive.

Although the sentencing criteria are not applicable, the range of recommended sentences according to the sentencing criteria are considered as appropriate.