2020Gohap324 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), care

Forgery, use of forged securities

A, 1981 Lifes, South, and insurance solicitors

Residence

Reference domicile

Resettlement (prosecutions), Park Jae-hee, and Kim Jong-hee (Trial)

Attorney Park Jong-hoon

on March 26, 2021

A defendant shall be punished by imprisonment for six years.

Punishment of the crime

【Criminal Power】

On December 23, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Changwon District Court on December 23, 2016 and completed the execution of the sentence on August 16, 2017.

【Criminal Facts】

Around April 2020, the defendant introduced the victim B who is engaged in the distribution business through a person who was known to the general public, and had the victim trusted the defendant by lending KRW 250 million to the victim necessary for the investment of stocks within one month when he borrowed KRW 200 million from the victim to pay KRW 250 million, while he borrowed money from the victim to the victim during May 2020.

1. Forgery of securities;

피고인은 2020. 6. 초순경 성남시 C에 있는 상호 불상의 PC방에서, 주식 투자 관계로 알고 지내던 D로부터 전송받아 보관 중인 주식회사 국보의 전환사채 증권 사진을 보고, 컴퓨터 포토샵 프로그램을 이용하여 증권번호 '제2019-전01-0002', 금액 '금일십억원(₩1,000,000,000)', 발행일 '2019.05.03.', '전환사채 만기일 2022년 05월 03일', 발행인 ‘KB株式會社國宝 대표이사 E’이라고 기재하여 전환사채 증권을 작성한 것을 비롯하여 같은 방식으로 총 5장의 전환사채 증권(증권번호 '제2019-전01-0002~0006')의 이미지 파일을 작성한 다음 이를 출력하였다.

Accordingly, the Defendant forged five copies of convertible bonds in the name of the National Security Deposit Co., Ltd. for the purpose of exercising the rights.

2. Counterfeitd securities events;

At the office of B around June 22, 2020, the Defendant recommended B, who was aware of forgery, to the effect that he would make an investment like the purchase of national convertible bonds in the same manner as the purchase of securities of national convertible bonds of the company, and issued two copies of forged convertible bonds as in paragraph (1) as if they were actually issued.

In addition, from around that time to August 5, 2020 to around that time, the Defendant issued five copies of the forged convertible bonds as shown in the attached list of crimes to B three times in total, such as paragraph (1), as if they were actually issued.

Accordingly, the defendant exercised forged securities.

3. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

At the victim's office around June 22, 2020, the Defendant, at the victim's office, issued two copies of the convertible bonds under the name of the National Foundation of Korea (hereinafter referred to as "National Foundation") to the victim as collateral, while one year has passed since the date of issuance, he/she may exercise his/her right on a quarterly basis. A total of 3 billion won may be converted to the shares or may be converted to cash at the rate of 1,485 won per share. When investing a total of 3 billion won, five face value of convertible bonds may be purchased. Furthermore, the amount of 1.3 billion won already invested. The current share price is 2,300 won, and the amount of at least invested may be 2:30 billion won, and the amount may be 2:3 times the amount of investment may be more than the date. As such, while making a false statement, the Defendant issued two copies of the convertible bonds as collateral to the victim. However, the securities issued to the victim was forged as provided in paragraph (1) and there was no intention or ability to purchase the convertible bonds.

The Defendant, by deceiving the victim, received KRW 200,000 from the victim to the F bank account in the name of the F bank account in the name of the Defendant for the purchase of convertible bonds and securities of the same day, and acquired them by deceiving the victim more than seven times from around that time to July 30, 202, including the transfer of total of KRW 1.3 billion from that time to July 30, 202.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 214 (1) of the Criminal Act (the fact of securities fraud), Articles 217 and 214 (1) of the Criminal Act (the fact of exercising counterfeited securities), Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (the fact of fraud, including the fact of fraud)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [mutual between the crimes of exercising forged securities on June 22, 2020, and between the crimes of exercising forged securities on August 5, 2020]

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act (However, in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), it shall be limited in the

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act for the punishment prescribed by the Act on the Punishment, etc. of Specific Economic Crimes, which is the largest penalty];

Reasons for sentencing

1. Scope of punishment by law: Three to fifty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

[Determination of Punishment] The General Fraud [Type 3] 50 million won or more, and the amount of less than five billion won

[Special Aggravation] Aggravations: In a case where there is a very poor criminal law or a crime of fraud by deceiving a court in a trial proceeding, the same repeated crime is committed.

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment from 4 to 10 years;

(b) Second crime (securities forgery);

[Determination of Punishment] Crimes in Violation of the Control of Illegal Check Control Act; 02. Forgery, alteration, etc. of securities (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 6 months to 2 years

(c) Forgery of securities)

[Determination of Punishment] Crimes in Violation of the Control of Illegal Check Control Act; 02. Forgery, alteration, etc. of securities (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 6 months to 2 years

(d) Scope of recommendations according to the standards for handling multiple crimes: From 4 to 12 years of imprisonment (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the third crime + 1/3 of the upper limit of the third crime);

3. Determination of sentence: Six years of imprisonment;

The crime of this case is not very good in that the defendant has forged his/her securities and acquired 1.3 billion won from the victim by using them. It is not good that the Criminal Code is not adequate, and there is a history that the defendant has been punished several times as a crime, and that the defendant has committed the crime of this case again during the period of repeated crime due to a crime of fraud. The amount of damage has not been repaid at all, and the victim also wanted to punish the defendant.

However, in consideration of the fact that the defendant recognized the crime and reflects it, and all of the sentencing conditions specified in Article 51 of the Criminal Act that are shown in the records, the punishment as ordered shall be determined

Judges Park Jae-chul

Judges Kim Shin-hoon

Judges Movek

Omission