Fraud, Forgery of Private Document, Uttering of Private Document

"2018 Highest 3891"

1. Fraud against the victim B;

A. On February 2, 2018, the Defendant introduced the Victim B’s friendly C in Ulsan-gu, Ulsan-gu, △△△△△, the Defendant was working for the Audit Team of the Korea National Oil Corporation, and the father, who is the representative of Hyundai Car, who is the bus company to commute to and from work to the workplace, is well aware of the 5 factory head in the present large automobile. The birth father is employed by the 50,000 won per person and is in the modern car in need of the 50,000 won per person, at a discount of 23,50,000 won per person, employed a large child through the five factory in the modern car at around November, 199.

However, in fact, the father of the defendant was not the representative director of the knives tourism, and there was no son of the modern automobile, and he thought that the victim would use the money from the victim as his living expenses or external leasing costs, so there was no intention or ability to help the victim work for the modern automobile.

Nevertheless, the Defendant, as seen above, was accused of the victim and was transferred from the victim to the Defendant’s corporate bank account (***) on February 27, 2018, under the name of the victim’s employment solicitation for the first child, and KRW 5 million on March 1, 2018.

B. On August 2018, 2018, the Defendant: (a) sought a telephone call from the victim to whether he/she would have been employed; (b) sought 10 million won from the victim; and (c) made a false statement that he/she could be employed in modern automobiles.

However, even if the Defendant received the funds as above, the Defendant had no intention or ability to have the two children employed in Hyundai Motor. Nevertheless, on August 30, 2018, by deceiving the victim as above, the Defendant received KRW 6 million from the victim to the said corporate bank account under the name of employment deposit of the victim, and received KRW 4 million from the said corporate bank account on October 15, 2018.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against victim D;

On February 2, 2018, the Defendant, at the above ○○ Beauty, ○○○○○○’s above, fluencingly expressed that he would have her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Therefore, on February 26, 2018, the Defendant, by deceiving the victim in the same manner as in the preceding paragraph, received money 20,000 won from the victim to the above corporate bank account under the name of job solicitation for the victims’ children.

Accordingly, the defendant was given property by deceiving the victim.

“ 2019 Highest 122:

3. On August 22, 2018, the Defendant is not an employee of the Korea National Oil Corporation, but the father of the Defendant does not manage the employee bus of the Hyundai Automobile Industry Complex. Even if he was aware of the employees of the Hyundai Automobile Factory Complex, he was thought to use it as cost of living, such as lease vehicle rent, etc., and even if the victims’ children did not have the intent or ability to employ the victims by using it as good offices for their employment in the Hyundai Automobile, he could receive 00,000,000 won in the 20,000,000,000 won in the 10,000,000 won in the Nam-gu △△△△△△△△, Nam-gu, Seoul, 20,000 won in total, 10,000 won in the name of 20,000 won in total, 20,000 won in the name of 5,000 won in the name of Hyundai Automobile Factory.

" 2019 Highest 713"

4. Fraud;

피고인은 2017 . 10 . 초순경 울산시 중구 * * 1길에 있는 ' ■■ ' 식당에서 피해자 H에게 " 나는 한국석유공사 감사팀 대리로 근무하고 있고 아버지가 현대자동차 직원을 출퇴근 시켜주는 ◎◎ 관광 ( 주 ) 을 운영하고 있다 . 내가 알고 있는 현대자동차 높은 분에게 말해 서 현대자동차 정직원으로 취업시켜주겠다 . 접대비 및 인사비 명목으로 돈이 필요하 다 . " 라고 거짓말하였다 .

However, the defendant was working as a temporary driver, not a proxy of the audit team of the Korea National Oil Corporation, and even her, he did not have the ability to work for the victim in the modern vehicle because he was irrelevant to the knives tourism (ju).

Nevertheless, the Defendant: (a) by deceiving the victim as such; (b) received KRW 1,00,00 from the bank account under the name of the Defendant on October 24, 2017; (c) KRW 3,00,000 around November 6, 2017; (d) KRW 7,00,000 around September 9, 201; (e) KRW 1,00,000 around December 2, 2017; and (e) received KRW 3,00,000 from the victim on December 11, 2017; and (e) received KRW 1,6 million in cash from the Defendant on December 2, 2017; and (e) KRW 2,000,000 from the Defendant’s vehicle parked in the Nam-gu Central Parking Lot, Ulsan-gu around December 2, 2017; and (e) received KRW 6 million in cash from the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

5. Forgery of private documents;

In the process of receiving money from the victim as provided in paragraph 4, the defendant received a letter from the victim "to receive it from the employee of the modern vehicle in the same age", and tried to forge a letter in the name of 1 employee of the modern vehicle in which the defendant knows.

피고인은 2017 . 12 3 . 경 울산 중구 * * 로 △△ 기사 대기실에서 컴퓨터를 이용하여 한글워드프로세서로 ' 양측 합의 각서 ' 라는 제목으로 [ 본 각서는 2017년 12월 3일 pm 10 : 30분 작성하며 " 갑 " I가 " 주 ) 현대자동차 " 에 입사 조건을 명목으로 " 을 " ' H ' 에게 ' 금 ₩23 , 000 , 000 ' 원을 받는다 . 단 ' 기업기밀 유지와 본 문건에 대하여 절대 함구하여야 하 며 타인에게 발설 시 본 양측 합의 각서는 무효화 한다 . 또한 최장 7 ~ 8개월 이내에 ' 5 공장 & & 검열반 ' 으로 취업을 해준다는 확약을 한다 . 단 , 최장8개월 초과 시 ' 갑 ' I는 ' 을 ' H에게 받은 금액을 돌려주며 8개월에 대한 시중 은행 이자를 더하여 지급한다 . ( 유 효기간 작성일 기준 최장 8개월 ) 작성일 : 2017년 12월 3일 갑 : I ( 인 ) , 을 : H ( 인 ) ] 이라는 내용을 작성하고 , 이를 출력한 후 말미의 I 이름 옆에 피고인의 무인을 찍었다 .

Accordingly, for the purpose of uttering, the Defendant committed a letter in the name of I, which is a private document on rights and obligations.

6. Uttering a falsified investigation document;

피고인은 2017 . 12 . 10 . 경 울산 남구 중앙로에 있는 ★★ 주차장에 주차된 피고인의 C220 벤츠 차량 안에서 2항과 같이 위조한 1명의의 각서 1장을 그 정을 모르는 H에 게 마치 진정하게 성립한 각서인 것처럼 교부하였다 .

In this respect, the defendant exercised one copy of a false private document in the name of I.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 347(1)(b) and 231(c), 234, 231(a) and 231(a) of each Criminal Code of the Republic of Korea, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

1. Sentencing criteria:

[Scope of Recommendation Form]

Type 1 of General Fraud (less than KRW 100 million): Aggravation (one year to two years)

[Person under Special Leave]

Failure to observe the Criminal Code

2. Determination of sentence;

Based on the above sentencing criteria, various sentencing factors, such as the following circumstances and the defendant's age, character and conduct, environment, and motive of crime, shall be determined as per the order:

○ Conditions favorable to the Defendant

The fact that the facts charged are recognized and reflected, and the father and the mother who are suffering from the disease are the disabled.

○ Circumstances unfavorable to the Defendant

The fact that the amount of damage is a large amount and has not been repaid, repeated crimes of fraud of the same kind, and forged and uses private documents, etc., which are also poor in the number of crimes, which demands the money acquired by deception to be excessively consumed, and some crimes are crimes committed during the suspension period of execution due to the same criminal records.