2017 Highest 1187(Separation of a criminal)

S

The current trial (prosecution, public trial), and the second public trial

Attorney Z (National Ship), AA (National Ship)

May 2, 2018

A defendant shall be punished by imprisonment for one year.

One cell phone (No. 4), one new physical card (No. 5), one passbook (No. 6), one new card (No. 7), and one new security card (No. 8) shall be confiscated from each accused.

Criminal facts

B From December 7, 2015 to March 3, 2017, A made a false statement to the effect that “When investing in a gold fund to the victims, it would return the principal after six months to the victims and ten months, and guarantee the high income of 20% to 30% or 30% per month.” It received a total of 10,336,170,000 won from the victims and escaped around March 3, 2017.

Although the Defendant, as a driver of A, was well aware of the fact that A had committed the crime of fraud as seen above, the Defendant, despite having well known of the fact that he had committed the crime of fraud, had A use the cellular phone (AC) opened to A in the name of the Defendant in the following manner:

2. A, on July 12, 2017, leases No. 503 of the Ytel in the name of the Defendant and provides it to A to communicate at that place;

3. On October 27, 2017, at AE in front of the Gangnam-gu Seoul AD, AE opened a passbook under the name of the defendant, one security card, one credit card, and one physical card under the name of the defendant. Accordingly, the defendant allowed A to flee who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness A and W;

1. Each police statement of K and L;

1. A letter of complaint prepared by H;

1. Each police and prosecutor's office report (number 5, 6, 7, 9, 10, 14, 17, 23, 24, 26, 27) on investigation;

1. The police seizure record and the list of seizure;

Application of Statutes

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

Article 151(1) of the Criminal Act (Overallly, the choice of imprisonment)

[The number of the crimes of concealment of a criminal or escape of a criminal shall be basically based on the number of principal offenders, and as long as the act of hiding the principal offender or of facilitating the escape of the principal offender continues, it shall be deemed that the crime continues to continue, as long as the act continues to exist. In this case, it is reasonable to deem that the criminal defendant constitutes a blanket crime, since he/she has concealed and escape A to a single extent.]

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

As stated in paragraph (1) of the criminal facts in the judgment of the defendant, it is consistent with the fact that the defendant laid a cell phone to A, but the defendant was unaware that A was committing a crime of fraud and was under flight around March 8, 2017.

2. Results of the jury verdict;

In light of the fact that the defendant was aware that he had the knowledge that he had attempted to commit the crime and had the criminal intent to report it to the police around March 5, 2017 when he remitted money under the name of "A" of this witness W (hereinafter referred to as "A"), "I would like to inform the defendant of his whereabouts", "I would like to report it to the police" (hereinafter referred to as "I would like to inform the defendant of his whereabouts)", "I would like to say it is difficult to say that the defendant would have different victims' money while escaping around March 3, 2017", "I would like to leave the cell phone in his name and did not explain the reasons why I would return to A.

Reasons for sentencing

[Determination of Punishment] Type 1 (Harboring, Conception, and Escape of Criminal)

[Special Aggravationd Persons] Aggravationd: Where the method of punishment is extremely poor;

Mitigation element: Where there is a special reason to take into account the participation in or motive for a crime;

【Determination of Recommendation Area】 Basic Field;

[Scope of Recommendation] From April to 1 year

[Determination of Sentence] One year of imprisonment (Taking into account, inter alia, the fact that the defendant does not reflect the crime)

Sentencing Opinion of jurors

- Two years of imprisonment: one person;

- One year and six months: Imprisonment with prison labor for not less than two years: Three years: It shall be decided as per the order through a participatory trial at the defendant's wishes for at least one reason.

The presiding judge, the Full Judge Line

Judges Kang Jin-han

Judges Do Residents-ho