2016Gohap1319 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

Forgery of Securities, Counterfeited Securities

A

Kim Jong-soo (prosecution), Kim Jong-ok, and Kim Jong-chul (Trial)

Attorney B,C

May 26, 2017

A defendant shall be punished by imprisonment for not less than three years and six months.

Criminal facts

【Criminal Power】

On January 11, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on January 19, 2013. On April 8, 2016, the Seoul High Court sentenced six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court, which became final and conclusive on July 29, 2016.

【Criminal Facts】

D up to 206.10,23, E worked in the Bank of Korea (in the case of a corporation, hereinafter referred to as 'stock company') by July 17, 2008, and F was appointed as the staff of the Bank from December 26, 201 to the G branch of the Bank from December 26, 201, and the above three persons were known to each other as workplace rent. In addition, H is the representative director of the J (hereinafter referred to as 'J') of Yongsan-gu Seoul Metropolitan Government Building 21th and 1144th.

The Defendant, in consecutive collusion with K (L), E, D, F, M, etc., deposited KRW 5 billion in the name of J and issued two copies of a cover note of KRW 2,514,383,561, which was borrowed from the credit service provider, at the N Branch of our bank in the name of J, and received two copies of a cover note of KRW 2,514,383,561, apart from the aforesaid cover note, acquired two copies of a cover note issued by our bank from F to the same extent as the aforesaid cover note was forged, and received loans as security and received loans as security.

Accordingly, according to the direction of K, M will take advantage of the representative director of J who will act as the name holder of the loan, H will take out the issuance of a cover note in the name of J as above, and H will take out a loan as security. D will deposit H with the deputy head of our bank N branch P branch P branch P branch P branch P branch P and then introduce the cover note to the person who requested the issuance of the cover note, and then receive a copy of the cover note from P and deliver it to K. Upon giving money and other valuables to E, it would make it forged the cover note by delivering the cover note two copies of the cover note to K, and then delivering the blank note two copies of the cover note which were kept in custody as an important document as the president of the branch branch of Korea bank G branch, and the Defendant used the name of the representative director " Q" and transferred it to D, E, and the Defendant used the name of the chairman and the employees of H to use the cover note as above, and used it as the counter party to H's position.

1. Forgery of securities;

피고인은 위와 같이 K 등과 순차적으로 공모하여, F는 2012. 1. 16.경 부산 연제구 연산동에 있는 지하철 연산역 14번 출구에서 E, D에게 우리은행 백지 표지어음 2장(R, S)을 건네주고, E, D을 통해 이를 건네받은 K은 2012. 2. 초순경 불상의 약품으로 위 표지어음 2장에 인쇄된 어음번호 중 뒷부분 4자리를 각각 지운 다음 그 위에 "T", "U"을 기재한 후 컬러프린터를 이용하여 금액 란에 "₩2,514,383,561(금 일백억 원이하)", 할인매출액 란에 "₩2,500,000,000( 매출 시 세금선납함)", 지급기일 란에 "2012 04 02", 예금기간 란에 "60", 지급장소 란에 "N지점", 발행일 란에 "2012 02 02", 발행지 란에 "V", "W"을 각각 기재하고, 어음용지 왼쪽 하단 MICR번호 중 일부를 불상의 약품으로 지운 다음, 그 위에 "X", "Y"이라고 각각 기재하고 표지어음 금액 란의 시작과 끝에 미리 소지하고 있던 우리은행 N지점 Z, AA 과장의 도장을 각각 찍은 후, "발행인 주식회사 우리은행" 옆에 미리 소지하고 있던 우리은행 N지점 직인을 각각 찍는 방법으로 H이 J 앞으로 발행받은 표지어음 2장과 유사한 우리은행 N지점 명의의 표지어음 2장을 작성하였다.

Accordingly, the Defendant, in collusion with K, etc. in order to exercise their authority, forged two copies of the cover notes in the name of the N branch of Korea Bank, which are securities, without authority.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) or forged securities;

On February 21, 2012, the Defendant conspired with K, etc. in consecutive order, and found H with the victim bank AC branch in Seocho-gu Seoul Metropolitan Government around February 21, 2012, and took place as if she was the president of J, and then purchased AD’s 4.75 billion won to be used as business funds and repaid the loan by April 2, 2012 with the proceeds of sale if she was unable to repay the loan by April 2, 2012, the Defendant provided two copies of the forged cover bill as described in paragraph (1) to be used as security, namely, from the victim bank AC branch in Korea to the Korean bank account in the name of J.

However, the defendant had no intent and ability to repay even if he/she received a loan from the AC branch of the victim bank, and the cover bill offered as security was forged as stated in paragraph (1).

As a result, the Defendant conspired with K, etc. in a successive manner, and by suggesting a forged bill to AD, as described in Paragraph 1, by deceiving the AC branch of the Victim Bank, and the Defendant was issued KRW 4.75 billion from the AC branch of the Victim Bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement (or a copy thereof) with respect to D, F, H, E, AD, AE, AF, AG, and Z;

1. Copy of the complaint;

1. A copy of investigation report (issuance of a cover note and confirmation of CCTV of a bank at the time of the issuance of the cover note and the secured loan), and investigation report (evaluation result of

1. A copy of a promissory note, a counterfeited or forged copy of a promissory note;

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (final convictions against A, etc. by suspect), and copies of judgment;

Application of Statutes

1. Article applicable to criminal facts;

Articles 214(1) and 30 of the Criminal Act; Articles 217, 214(1) and 30 of the Criminal Act; Articles 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 2016); Articles 347(1) and 30 of the Criminal Act (Fraud)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of uttering of forged securities due to the exercise of forged bill with a heavier number of a note number among the crimes of uttering of forged securities, and a more severe punishment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of Punishment of Specific Economic Crimes (Fraud)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 45 years;

2. Not applying the sentencing criteria: Crimes of concurrent crimes under the latter part of Article 37 of the Criminal Act;

3. Determination of sentence: Imprisonment and three years and six months; and

The crime of this case is a systematic fraud crime through which the former and present financial institutions are mobilized under a thorough prior plan and division of roles to forge bills, and by deceiving the banking employees to defraud large amounts of money, and is very bad in view of the method and scale of damage, etc. The Defendant was in charge of the principal act, such as presenting forged bills, requesting for loans, and withdrawing money with the bank in collusion with K, etc., and acquired an amount equivalent to the proceeds of the crime. Since then, the Defendant did not recover from damage caused by the crime or reach an agreement. Considering these circumstances, it is difficult for the Defendant to avoid a strict punishment according to the liability for the crime.

However, the fact that the defendant recognizes the entire crime and reflects the mistake, that the defendant seems to have caused the crime of this case according to the K's proposal, that the equity between the case and the case where the judgment is rendered simultaneously with each previous crime of this case in which the judgment has become final and conclusive, and that the defendant's age, character, character, environment, health, family relationship, the process of participation in the crime, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments shall be

The presiding judge, the Kim Jong-dong

Judges Kim Gin-han

Judges Doi-ro