2019 Highest 1608 Fraudulent, Embezzlements

2019 Highest 2912 (Joints)

2019 Highest 5232 (Joints)

The Secretary General of the Office of Law of Real Estate, 69 years old, South, and O real estate.

Residential Ulsan

Place of service

Reference domicile

The grandchildren, Kim Min-hee (Public Prosecution), and Yang Jae-hee (Public Trial)

Hoho Kim (Korean)

May 15, 2020

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

On May 27, 2018, Defendant 2018, 1. The 7th Central Election of Dong-si (hereinafter referred to as the "Seoul Central Election of the Republic of Korea, Jun. 13, 2018) is a person who has fallen short, and the victim's gambling advertising is a representative director of P Co., Ltd. who is for the purpose of B, such as advertising planning, design, and public opinion poll. Defendant 208, the 7th Central Election of the Republic of Korea (hereinafter referred to as the "victim") was sent to the head of Ulsan-gu, Ulsan-gu, U.S., -- around May 23, 2018, the 1.6th Central Election of the Republic of Korea (hereinafter referred to as the "U.S. Special Metropolitan City Election of the Republic of Korea"), the 1.5th Central Election of the Republic of Korea (hereinafter referred to as the "F.S. Special Metropolitan City Election of the Republic of Korea"), and the 2.05th National Election of the Republic of Korea (hereinafter referred to the 2001.8.S.).

However, the Defendant, without any special property or income at the time, was liable for the obligations of financial institutions 16 million won, debt 5 million won, and debt 5 million won. Although the Defendant was holding an election by soliciting election funds, it was merely a situation of KRW 17 million of the total collected amount, and thus, even if the Defendant was provided with the above services by the victim, there was no intention or ability to pay the service payment as promised by the victim.

The defendant deceivings the victim as such and acquired a total of KRW 40 million from May 2018 to June 1, 2018, by being provided with services equivalent to KRW 40 million from May 1, 2018.

On June 13, 2018, Defendant 2012, 2012, 2019, the 7th National Dong local election (hereinafter referred to as the 7th local election) was a person who was released from the office of the head of Ulsan Northern District Office as a candidate for the 7th local election.

In May 2018, the Defendant stated that the victim’s letter credit (titled person) was a candidate for election expenses, etc. at the same time, and that the Defendant would be 3.6% of the interest on the loan of the money and the interest on the loan of the money will be repaid within three months.

However, the Defendant had no intention or ability to return the principal and interest of the loan as agreed upon by the victim even if he borrowed money from the victim, given that the Defendant had a financial institution’s debts of KRW 16 million, and KRW 50 million, without any special property or income at the time. At around 19:50 on the 21st day of the same month, the Defendant was released from the victim with an account in the name of the Defendant’s credit union (1340xxxxxx) at around 19:50 on the 21st day of the same month. The Defendant was issued from the victim with a 10 million account in the name of the Defendant’s credit union (1340xxxxxxxx). The Defendant was the head of the Gimdong-dong Office of the 2019 Godong-gu Office of the Defendant, and the victim’s withdrawal (tentative name) requested a divorce lawsuit with the above her husband through the Defendant around October 2016.

3. Embezzlement on April 3, 2017

As the difference between the defendant and the victim has aggravated, it is necessary for the victim to take advantage of the victim's phone call on April 3, 2017, and for the victim to apply for provisional attachment to the account in the name of South and North, and on April 3, 2017, the defendant sent 3.7 million won as litigation costs. On the same day, the victim was remitted 3.7 million won from the victim to the account of community credit cooperatives in the name of the defendant.

Defendant was in custody of the above litigation cost of 370 million won for the victim, and was consumed for personal use, such as living expenses, according to the mind of the victim around that time.

Accordingly, the defendant embezzled the victim's property.

4. Embezzlements around April 6, 2017;

Around April 6, 2017, Defendant 2: (a) called “the State bank account in the name of South and North Korea and the Agricultural Cooperative account should be deposited in provisional seizure.” On the same day, Defendant 25 million won was transferred from the victim to the Saemaul Treasury account in the name of the Defendant on the same day. While Defendant 25 million won was kept in the custody of the said deposit in the name of the victim on April 7, 2017, Defendant 20 million won was consumed for personal use without returning the remaining amount to the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence (Explanations)

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 347 (1) of the Criminal Code (Fraud) of the Criminal Code, Article 355 (1) of the Criminal Code (the point of embezzlement) and Article 1. Aggravation of concurrent crimes

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

1. Grounds for sentencing: Imprisonment with prison labor for up to 15 years;

2. The scope of recommending sentences according to the sentencing standards.

(a) A crime under paragraph (1) (Fraud);

[Determination of Type] Fraudulent Crime 01. General Fraud [Type 1] below 100 million won

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(b) Two crimes (Fraud).

[Determination of Type] Fraudulent Crime 01. General Fraud / [Type 1] below 100 million won

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation] Basic Field, Imprisonment of 6 months to 1 year and 6 months. 3 Crimes (Embezzlements)

[Determination of Type] Embezzlement/Misappropriation 01. Embezzlement/Misappropriation / [Type 1] Less than KRW 100 million

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation] Basic Field, Imprisonment of April to 1 year;

(d) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor from June to August 10 (the upper limit of crime 1 + the upper limit of crime 2 + 1/2 + 1/3 of the upper limit of crime 1/3).

3. Determination of sentence;

The fact that there is no record of punishment for the same kind of crime or the punishment exceeding the fine of Defendant is favorable. However, in light of the fact that the amount of the Defendant acquired by deception or embezzled money from victims exceeds KRW 50 million, the sentence is inevitable to be sentenced in the light of the fact that the Defendant did not recover from damage. In addition, taking account of various sentencing factors, such as the Defendant’s age, environment, motive for the crime, means and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence shall be determined as per the disposition (However, the court is not detained because the Defendant was faithfully present at the trial date of the first instance trial and repaid damage).

Judges Kim Jong-soo