2015 Highest 7053, 8031 (Consolidation) Fraud

A person shall be appointed.

Preliminary (Criminal Prosecution) and screening (Public Trial)

Attorney B (Korean National Assembly)

February 3, 2016

A defendant shall be punished by imprisonment for two years.

Criminal facts

【Criminal Power】

On January 20, 2012, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud, etc. and on April 2012.

19. A person who was sentenced to imprisonment for four months in the same court and completed the execution of the sentence in the Busan Prison on March 14, 2013, and on August 21, 2013, was sentenced to imprisonment for one year and six months in the Changwon District Court Msan Branch on August 21, 2013 and was sentenced to imprisonment for fraud on December 3, 2014, and was in the same series of frauds as well as those who had completed the execution of the sentence in the Busan Prison on December 3, 2014.

" 2015 Highest 7053"

The defendant knew the fact that he was able to easily punish money with the means of deceptioning a person who could have an influence on promotion or employment, with the knowledge of the fact that he was able to commit the fraud of the same method.

Accordingly, on February 13, 2015, the Defendant called the victim E, who is a Do party affiliated with the D Party, which was discovered through the office of the CDo Council office, in a public telephone located in Busan Busan-gu (hereinafter referred to as the "Seo-gu Office of Busan-gu") around February 13, 2015, and called the victim who was aware of the Defendant as F's member, "VIP gathered and Busan-do hotel", and E is getting off to the victim who was aware of the Defendant as a F's member, and E is able to help him to do so. In relation to the fostering of female human resources, while the project is in progress, he participates in the project and donated five million won as a contribution to the project.

The Defendant, by deceiving the victim as such, committed a two-way act by the person who sent F Council members at the H coffee shop located in Busan Jung-gu, Busan, around the same day of the same day, and obtained three million won from the victim and acquired it by deception.

In addition, from February 13, 2015 to October 21, 2015, the Defendant, as shown in the list of crimes, misrepresented all the political persons, the president of the university, or the president of the hospital on seven occasions through misrepresentation of the political person, the president of the university, or the head of the hospital, and obtained a total of seven million won from the victims by using two times, a person who has taken the heart of the person.

" 2015 Highest 8031"

The defendant knew the fact that he was able to easily punish money with the means of deceptioning a person who could have an influence on promotion or employment, with the knowledge of the fact that he was able to commit the fraud of the same method.

1. Victims I;

On April 3, 2015: around 00, the Defendant sent a phone call to the victim I discovered through J office in the middle-gu Busan Central District Office, and introduced it as if it was a Cheongdae Dae Daedae. It was a severe weather alert to the victim, including three Ministers, and now, there is a big exercise in the Busan gravel. The President also paid attention to the President of the IB. The President of the Republic of Korea is paying attention to the President of the IB. It is necessary to prepare a gift to be carried out and the execution expenses are required to be prepared for the severe weather alert group, which is prepared for KRW 10,000,000, and as soon as possible.

On April 3, 2015, the Defendant: around 00, by deceiving the victim, and committing a severe weather alert at the L coffee shop located in Busan Jung-gu, Busan, the Defendant received six cosmetics equivalent to KRW 1,00,000 from the victim; around 19:10,000 on the same day, the Defendant received KRW 5,00,000 in cash on the plaza located in Nam-gu, Busan, and acquired the property from KRW 6,00,000 in total.

2. Victims M;

On July 3, 2015: around 55, 2015: The Defendant called the victim M& who works as interpreter and guide staff at a public telephone located in the area of Busan or lower level, with a similar voice, and told the victim of the same voice as that of the victim. The Defendant “I am only with the Minister, Council members, and head of the organization in Busan, and talks about the project for overseas tourism promotion events in the area of 150 million won or less, so I am to be selected as the Tourism Promotion Group, and I am to Busan, which will be introduced to call for the head of the Cheongdo-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.S.-U.-U.-U.-U-U-U-U.S.-U.-U.-U.-U.-U.

On July 16, 2015, the Defendant: around 00, the Defendant, by deceiving the victim as such, committed a severe weather alert for Blue House at this time located in Busan Jung-gu, Busan, and received KRW 3,000,000,000 in cash from the victim on that spot.

3. Victims P.

On September 11, 2015, the Defendant called the victim P, a professor of 00 university, from the public telephone located in the city of Busan (hereinafter referred to as the "MM") around Busan on September 11, 2015, and called the president of the university as the vice president of the 00 university. “The Defendant is the vice president of the GM, who is the head of the GM, and is trying to create a women’s creative meeting in the GM. In order to support the disabled organizations in the city of Busan on September 1, 2015, the Defendant prepared to make a contribution in cash of KRW 5,00,000, and made a false statement.

On September 14, 2015, the Defendant: around 00, the Defendant, by deceiving the victim as such, committed a severe weather alert from Qgu located in Busan Jung-gu to B, and received KRW 5,00,000,000 from the victim in that place.

Summary of Evidence

【2015 Highest 7053】

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of R, S, T, or U;

1. Photographs, such as a copy of a note or a copy of a public telephone card, details of 112 reported, and scambling;

1. Records of seizure and the list of seizure;

1. A report on investigation (a list of evidence Nos. 2, 8, 9, 11, 15, 16, 24 through 26, 26);

1. Records before and after judgments: Criminal records, etc., inquiry reports by individuals, personal identification/ confinement status, and each judgment;

[2015 Highest 8031]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I, M, and P;

1. A report on occurrence (the sequence 1, 7, 11 of the evidence list);

Application of Statutes

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

Article 347 (1) of the Criminal Act ( Imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

1. Sentencing criteria;

[Determination of Type] General Fraud, Type 1 (Treatment of Crimes below KRW 100,00) and Aggravation (Special Aggravation)

[Scope of Recommendations] One year to two years

2. In light of the fact that the crime of this case, which acquired a total of 40 million won from a total of 10 persons, is very poor, has not been recovered so far, including the punishment, and has been punished for the same crime several times, and has committed within the repeated crime period due to the same crime, the defendant should be punished strictly: Provided, That the punishment shall be determined by taking into account the fact that it is seriously against the motive and background of the crime of this case, the defendant's age, character and conduct, environment, etc., as a whole.

Judges Kim Young-young

A person shall be appointed.