2013 Highest 4583 Fraudulent Assistance, Interference with Business

2013 Highest 5104 (Joints)

nan

nan

nan

October 24, 2013

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

Facts of crime

【Reference Facts】

On August 2012, the Defendant accepted the Defendant’s offer of 20,000 won per head of Tong, if he/she opened a corporate name account while doing business in the name of an agent of a legal entity, from the name infinite (i.e., one name Kim Kim, hereinafter referred to as the “self-agent”) of the name infinite (i.e., one name) who reported and came to know about the advertisement at the “Abinmon website” on the Internet offer site.

Accordingly, the defendant received a large phone from the Kim representative and parked the vehicle in front of the bank designated by the Kim representative in the defendant's vehicle, and received a copy of the identification card of the representative of the juristic person (the name of the representative of the juristic person is stolen), business registration certificate, certificate of corporate personal seal impression, register of the juristic person register, proxy certificate (the defendant's agent), and certificate of employment (the fact that the defendant has been in office as an "business representative of the juristic person") from the Kim representative in the vehicle, the defendant assumes the person as an employee of the juristic person into the bank, and opened more than four accounts of the juristic person at one bank, and came to contact with the Kim representative using the large phone received from the Kim representative after opening the account, and then delivered the passbook, cash card, Internet banking application, security card creation, etc. of the juristic person to the Kim representative, and received money by calculating the amount of 20,000 won per head of the Tong.

"2013 Highest 4583

1. Aiding fraud;

In order to open an account in the name of a legal entity, the defendant was aware that a false certificate of employment (the defendant has been in office as a legal entity's operating division) was included in the documents received from Kim agency for the opening of an account in the name of the legal entity, and some of the legal entities directly received instructions from Kim agency.

Recognizing the fact that the above corporations were not normal since they were established, it was known that each time when the name of the corporations was changed in the process of opening an account in the name of the corporations, Kim representative makes a contact with Kim representative only by paying a new largephones, "in the process of opening an account, there was no temporary employment upon delegation of matters such as opening an account from a related party of the corporation", "in the process of opening an account, there was no temporary employment upon delegation of matters such as opening an account from a related party of the corporation", "one account of the corporation is opened several times during a short period, and normal agency is paid a higher price than Trith, and therefore, it was known that the accounts of the corporations established by the defendant will be used for a loan fraud crime by means of Bophishing.

Around September 3, 2012, the Defendant: (a) knew that the passbook, etc. will be used for loan fraud crimes by using a Bophishing method; (b) around September 3, 2012, at the front parking lot of the Silsan-dong Financial Center located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant received the registration certificate of OO (representativeO); (c) the certificate of corporate seal impression; (d) the transcript of the company’s name; (e) the false certificate of employment (which means that the Defendant served as an employee of ○○○○; (e) the ○○○○○○○○○○○○○○○○○; (e) the Defendant submitted the above documents containing a false employment certificate at the ○○○○○○○○ branch; (e) the Defendant applied for the establishment of an account in the name of ○○○○○○○○ branch; (e) the Defendant received questions from his/her new bank; and (e) the Defendant did not obtain any false information from his/her employees.

On September 13, 2012, a person who was assigned by Kim Jong-soo or Kim Jong-soo (hereinafter referred to as "the person who was assigned the passbook, etc.") sent a text message to the victim's maximum disease who opened the passbook in mobile phone around September 13, 2012. The victim sent the text message to require a loan of at least 30,000,000 won by telephone, and introduced him as an agent for the new bank Kim Jong-soo, and the amount of at least 20,00,000 won from the second financial right to use 35,00,000,000 won at the interest of 5,00,000 won at the interest of 0,000 won, 35,000,000 won from the second financial right to receive 0,000,000 won from 0,000 won, 30,000,000 won from 20,005,000 won from 20.

However, Kim Act, etc. was not an employee of the new bank, and ○○○, a nominal owner of the said new bank account, was a corporation with stolen name. The above account was an account opened by the defendant who misrepresented the employee of the said corporation. The Kim Act, etc. did not have an intention or ability to provide a loan to the victim even if he received the amount of loan creation from the victim.

The Kim Act, etc., by making a false statement to the victim as above, acquired KRW 8,750,00 from the victim, and acquired KRW 822,252,70 from 165 victims, such as the entry in the column of the attached 2. The crime of defraudation> in the attached list of crimes, and aiding and abetting the victim by opening the bank account in the name of the juristic person and delivering it to the Kim Representative even with the knowledge of the above facts.

2. Where a bank interference with business opens a corporate name account, if the fact that the certificate of employment of the applicant is false, the opening of the relevant corporate account shall not be allowed if it is found that the certificate of employment of the applicant is false, and if it is found that the certificate of employment of the applicant is false after the next year, the power of attorney of the applicant for opening the relevant corporate account and documents proving his status (the power of attorney, certificate of employment, etc.) are important documents, such as suspension of transaction of the relevant account. In addition, when the relevant account is used for crimes such as singing, etc., the bank shall be liable to compensate for damages depending on negligence. Thus, whether the relevant corporation is a normal corporation, whether the applicant for opening the account is an employee of the relevant corporation

On September 3, 2012, the defendant, in collusion with Kim Jong-dong, Yeongdeungpo-gu, Seoul, filed an application for opening an account under the name of ○○○○ in the name of the defendant while submitting the above documents containing a false certificate of employment, and during that process, the defendant misrepresenting the employee of ○○○○○○○ in the name of the above new bank, stating that the defendant was temporarily employed upon delegation of matters such as opening of an account from the related parties of the corporation, "in the form of opening a majority account, whether he was an employee of ○○○○○○○ upon delegation of matters such as opening of an account from the related parties of the corporation," "in the name of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ account," making inquiries from the related parties of the corporation, and received the false contents of the name of ○○○○○○ account.

It was issued the passbook, cash card, Internet banking application, security card number generation machine, etc. in the name.

As above, the Defendant, in collusion with Kim representative, obstructed the opening of an account at the Sinsan-dong Financial Center branch of a new bank by fraudulent means, and obstructed the business of opening the account of the bank in question by misrepresenting the corporate staff from around that time to November 14, 2012, as stated in the column of the attached Table 1.

“2013 Highest 5104

1. Aiding fraud;

In order to open an account in the name of a corporation, the defendant included a false certificate of employment (the defendant has been in office as a corporation's operating division).

corporation was aware of the fact, and some of the corporations directly received instructions from Kim Jong-dae.

Recognizing the fact that the above corporations were not normal since they were established, it was known that each time when the name of the corporations was changed in the process of opening an account in the name of the corporations, Kim representative makes a contact with Kim representative only by paying a new largephones, "in the process of opening an account, there was no temporary employment upon delegation of matters such as opening an account from a related party of the corporation", "in the process of opening an account, there was no temporary employment upon delegation of matters such as opening an account from a related party of the corporation", "one account of the corporation is opened several times during a short period, and normal agency is paid a higher price than Trith, and therefore, it was known that the accounts of the corporations established by the defendant will be used for a loan fraud crime by means of Bophishing.

When the Defendant opened an account in the name of a juristic person and transferred the passbook, etc., the Defendant knew that the passbook, etc. would be used for loan fraud crime, etc. on September 25, 2012, the Defendant, at the location of the new bank located in Yongsan-si, issued a business registration certificate, a corporate seal impression, a corporate copy, a proxy copy, etc. of the company (the Defendant’s representative) from Kim Jong-si, and applied for the opening of an account in the name of ○○○ upon entering the above new bank, and filed an application for the opening of an account in the name of ○○○, while misrepresenting the employees of ○○○, opened a new bank account in the name of ○○○, while obtaining the passbook, cash card, Internet banking application, security card creation, etc. in the name of ○○○, Inc., and 200,000 won from the issuance of the passbook, cash card, Internet banking application, and security card creation.

On October 26, 2012, a person who was assigned a passbook, etc. from the Kim Jong-dae or Kim Kim representative (hereinafter referred to as "the person who was transferred the passbook, etc.") sent letters and notes to the Victim Kim Yong-chul to the effect that he opened the passbook in the mobile phone, and the victim was in need of a loan of up to 45,00,000 won by telephone, and introduced him as an employee of the new bank. "When sending the bond amount of KRW 4,00,000,000,000,000 won by the new bank, the new bank created the passbook at the interest rate of 5.8% per annum, which is 45 million,00,000,000 won, and the loan was to be returned to the above new bank account from the victim, but the person who was the nominal owner of the above Kim bank was not an employee of the new bank, and the defendant did not misrepresent the amount of loan to the above bank account established by the defendant.

The Kim Representative, etc., by making a false statement to the victim, acquired 4 million won from the victim, and the defendant aided and abetted by opening an account in the name of a juristic person and delivering it to the Kim Representative with the knowledge of the above facts.

2. In a case where a bank interference with business opens a corporate name account, if the fact that the certificate of employment of the applicant is false, the opening of the relevant corporate account shall not be allowed if it is found that the certificate of employment of the applicant is false, and if it is found that the certificate of employment of the applicant is false after the next year, the power of attorney of the applicant for opening the relevant corporate account and documents proving his status (the power of attorney, certificate of employment, etc.) are important documents, such as suspended transaction of the relevant account. In addition, if the relevant account is used for crimes such as singing, etc., the bank shall be liable to compensate for damages depending on the negligence or negligence. Thus, whether the relevant corporation is a normal corporation, whether the applicant for opening the relevant account is

The Defendant, in collusion with the Kim Representative, issued the certificate of business registration of O (Representative OO), certificate of corporate seal impression, certificate of corporate registry, and power of attorney (the defendant's representative) to the Defendant, and submitted the above documents containing false certificate of employment to the above new bank. The Defendant applied for the opening of an account in the name of ○○, while misrepresenting the employees of OO, opened a new bank account in the name of ○○, and was issued with the head of ○, cash card, Internet banking application, and security card generation machine in the name of ○○, a passbook in the name of ○○, a bank.

As above, the Defendant, in collusion with Kim Jong-dae, obstructed the opening of a new bank’s account by fraudulent means.

Summary of Evidence

"2013 Highest 4583"

1. Defendant's legal statement;

1. Stoppy, Lee Jong-chul, Kim Jong-young, Lee Jong-young, Shin-young, Lee Jong-young, Lee Jong-young, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-young, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Kim Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Hak'sk, Lee

1. Lighting, maximum fixed number, Lee Jong-chul, Kim Jong-chul, Kim Jong-tae, Kim Jong-chul, Goak, Ko Chang-si, Kim Chang-si, Kim Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jong-chul, Lee Jae-hee, Lee Jae-hee, Lee Jae-hee, Lee Jae-hee, Lee Jae-hee, Lee Jong-hee, Lee Jong-young, Lee Jong-young, Lee Jong-young, Kim Jong-young, Kim Jong-ju, Lee Jong-young, Lee Jong-young, Lee Jong-young, Lee Jong-young, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Lee Jong-hee, Cho Jong-hee, Cho Jong-hee, Cho Jong-hee, Cho Jong-hee, Cho Jong-chul, Cho Jong-chul, Cho Jong-chul, Lee Jong-chul, Lee Jong-tae, Lee Jong-tae, Lee Jong-tae, Lee Jong-tae, Kim, Lee Jong-tae, Kim, Kim Jong-tae, Lee, Lee k, Lee, No.

1. A warrant of search, seizure, verification or a copy of the letter of request for financial information (july in the name of inside of fluorites) account of the Saemaul Depository Account 902 - 1499 - 4321;

1. Each internal investigation report (the corporate register of ○○, corporate register, business operator number verification, result of execution of a warrant for search, seizure, and verification, confirmation of additional six corporate register, such as revision of a warrant for search, seizure, and verification, confirmation of the nine business operators number of an additional corporation, status of participation in the nine additional crimes of a suspect, etc.);

1. One separate book (each request for information of finance);

"2013 Highest 5104, 1. The defendant's legal statement

1. Statement of the police statement on Kim Yong-chul;

1. Requests for financial transactions;

1. Application of Acts and subordinate statutes to report internal investigation, search, seizure, verification warrant and execution result report;

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

Articles 347(1) and 32(1) of the Criminal Act (a) of the Criminal Act; (b) Articles 347(1) and 32(1) of the Criminal Act; (c) Articles 314(1) and 30(a) of the Criminal Act

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

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

While recognizing that the Defendant could use the passbook, etc. of the corporate account opened by himself against many unspecified persons, the Defendant aiding and abetting the conduct of fraud by creating a number of passbook and delivering it to the singinging criminal with a view to punishing money, and interfering with the business of the bank, and even though multiple defraudeds suffered damage from the Defendant’s act, the Defendant did not make efforts to recover from damage so far, and thus, the Defendant is bound to bear a strict responsibility for the Defendant.

However, it is decided as per Disposition in consideration of the fact that the defendant recognized his mistake and did not repeat the crime, that the defendant did not have any record of criminal punishment for the same criminal record, that the profit actually acquired by the defendant from the crime of this case is at least five million won, and that the defendant's age, inclination, family environment, etc.

Judge Park Sung-sung