2013 Highest 3314 Gongsac, non-afford;

2013Mo430 (Consolidation) Violation of the Electronic Financial Transactions Act

○ Kim

Isi-be, Thai-be (prosecutions), and the largest (public trial)

Attorney Creation,000 (National Election)

November 28, 2013

A defendant shall be punished by imprisonment for not less than one year and six months.

Facts of crime

[2013 Highest 3314]

1. Magion;

On March 12, 2013, 2013, the Defendant, as a singing voice, received 60,000 won each from ○○○○○, a customer, who was found in the Seo-gu Daejeon-gu, Seo-gu, Daejeon, and received 60,000 won each from ○○○, a customer, who was sexual intercourse, and received money from the victim.

On April 1, 2013, the Defendant called the victim at an insular location, and called the victim “(s) to know whether or not the victim was rapeed in Nea, how or not it becomes known to the son’s home, the head of the police station would leave the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

The defendant continued to see the victim's "I am off with a certified judicial scrivener, and I am off with the house," "I am called "I am off with a ship and called "I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the same day, I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I am on the part of I.

On the same day, the Defendant continued to call the victim again at the same place, and called “from 10 million won to 10 million won, and, if the Defendant did not prepare for the preparation, 10 million won to 10 million won to 200,000 won to 10 million won to 200 square meters at home from the company. The Defendant was granted from the victim of fright to fright, a delivery of KRW 10 million to the Defendant’s vehicle parked at the 00-day parking lot located in Daejeon-gu, Daejeon, on April 24, 2013.

As a result, the Defendant was given a total of KRW 1,50,000,000 to the victim.

2.No appeal:

On April 24, 2013, the Defendant: (a) prepared a false complaint with respect to ○○○○ in the Seo-gu Seoul Special Metropolitan City ** using a scopic fluorial scopium on an empty paper in the residence of the Defendant; (b) prepared a complaint with respect to the aforementioned complaint with the Defendant’s name on March 27, 2013 at around 4:10 square meters of the new wall that the complainant was working in the Seo-gu Special Metropolitan City, Daejeon Special Metropolitan City ○○○○ (hereinafter “Scopic ○○”); (c) demanded the Defendant to find the scopic scopic scopic scopher and scopic scopic scopic scopic scopic scopic scops; and (d) submitted the above complaint to the police officer of Seo-gu Special Metropolitan City on April 26, 2013.

On the same day, the Defendant continued to appear and make statements in the Daejeon Western Police Station investigation and statement recording room as a complainant in the case of rape against ○○○, the Defendant filed an oral complaint against the falsity of the crime of rape on the following grounds: “Around January 2013, 201, the Defendant went to the ○○○○, a customer who found out the case at the ○○○○○○○○○○○○○, who was raped from the ○○○○.”

However, in fact, the Defendant, as a karaoke machine, was singled on March 12, 2013: 00 and March 27, 2013: 04: around 10: on a two-time basis, the Defendant was sexual intercourse with ○○○ upon receiving 60,000 won from each of ○○, a guest who was found in the sing room in the instant sing room, together with ○○○, and carried out drinking, and was sexual intercourse with ○○, and was not raped by ○○.

Accordingly, the defendant had the head of ○○ for the purpose of having the criminal punishment imposed on him.

【2013 Highest 4330】

No person shall transfer or acquire any means of access used in electronic financial transactions, except as otherwise provided for in other Acts.

1. On November 22, 2012, the Defendant: (Account Number**********************************))’s account in the name of around cate.

100,000 won of a passbook, cash card, and the password for the Corporation, and from the electric dumnasium

The number of apartment houses in Seo-gu, Daejeon is not known by mail;

The recipient received the means of access from financial institutions and received them.

2. The Defendant: (a) on December 2, 2012, at the sloping apartment parking lot, the former △△△△ in the name of the former △△△ Police Officer.

Determination on the Defendant’s assertion that the Defendant transferred the means of access to financial institutions by selling the passbook, etc. at least 1.50,000 won (2013 high-ranking 3314)

1. The assertion;

In fact, the Defendant was raped twice from ○○○○, and the Defendant was forced to file a complaint, and voluntarily delivered KRW 10,500,000,000,000,000,000,000,000,000,000,000 won. The Defendant’s complaint does not constitute a false accusation.

2. Determination

According to the evidence, the following circumstances are as follows: ① The Defendant was raped ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and the Defendant would have been able to escape from rape with the help of △△△○○○○○○○○○○○○○○○, who was in charge of the rape, by taking account of the following circumstances: (a) the Defendant had been informed of the fact that ○○○○○○○○○○○○○○○○○○ ○○○○○○○ ○○○ ○○○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.

In light of the fact that ○○○○ prepared “a letter of agreement to acknowledge the Defendant’s sexual assault” to the effect that ○○○○○ has made out “a letter of agreement execution,” the head of ○○○ may be suspected of not having exercised force against the Defendant’s will in a sexual relationship. However, in light of the facts described above and the statements of the head of ○○○ and the Defendant on the sexual conditions before and after the preparation of each letter, and the statement of ○○ and the Defendant of ○○○ △△△ for visual dialogue, the statement of ○○ and the Defendant, and the contents of the call CD, etc., the Defendant made intimidation that ○○ ○○ and the Defendant would be aware of sexual intercourse, and it appears that ○○○ ○ ○ ○ ○○ was made without properly booming the situation at the time of being fright in a frightted form, and it does not interfere with the recognition of criminal facts.

Application of Statutes

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

Article 350 (1) of the Criminal Act (a point of conflict), Article 156 of the Criminal Act (a point of accusation) and Article 49 of the Electronic Financial Transactions Act

section 4(4)1, Article 6(3)1 (the acquisition and transfer of the means of access) and each decision of imprisonment; 1. Concurrent penalty

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

Reasons for sentencing

Taking advantage of the fact that the victim was in an inappropriate relationship with the victim, the victim committed rape to the extent that the victim did not pay the additional amount, and sentenced to a heavy penalty for rape.

In light of the fact that there is a need to strictize the false complaint of rape in the present situation, and the victim was also erroneous, but the Defendant’s continuous intimidation and accusation caused serious mental and monetary damage, etc., the Defendant’s nature of the crime is very heavy. Such circumstances are determined by the text of the State, taking into account the Defendant’s criminal record relation, and all other factors of sentencing.

Judges Maximum-type iron