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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The fraud defendant will take over the victim’s “E and F stock company” from the victim’s E and F through the victim’s pro-friendly D, a police officer during December 2016.
I would like to offer money to the author only for the investment funds, which he has a director of G Co., Ltd. to buy a large amount of money.
“.......”
However, in fact, the Defendant did not have a plan to purchase the shares with H directors, and even if receiving money from the injured party, it was thought that he would use them as his investment money, etc., so the Defendant did not have any intention or ability to purchase G stock company’s shares.
Around January 2, 2017, the Defendant, by deceiving the victim, received the amount of KRW 90 million from the Saemaul Treasury Account (I) in the name of the Defendant from the victim, and acquired it by fraud.
2. Forgery of private documents and the uttering of a falsified investigation document;
A. On February 2, 2017, the Defendant: (a) prepared and printed out a form of a share transfer agreement using a computer to show that he/she purchased shares of G stock company with the money received from C, as described in paragraph (1) around February 2, 2017; and (b) signed by J, K, and Pakistan at the bottom of the agreement, and forged one copy of the agreement on the transfer of shares under the name of J without the consent of J; and (c) sent the aforementioned photograph file to D, who is aware of the fact, using the mobile phone around 15:32 on the same day, taking the photograph of the transfer agreement on the transfer of shares; and (d) made use of the mobile phone; and (e) sent the aforementioned photograph file to D through the Kakao conversation.
Accordingly, the Defendant forged and exercised a private document transfer contract, which is a private document on the rights and obligations under the name of J.
B. The Defendant committing the crime related to the receipt of a loan with the money received from C, as described in paragraph (1) around February 2, 2017, in order to show as if he purchased the stocks of G Co., Ltd. with the aim of exercising the said stocks, the Defendant is KRW 100,000,000, and KRW 100,000,000.