2015dan88 Fraud, fabrication of public documents, uttering of forged public documents, fabrication of private documents,

Uttering of Investigation Documents

W (92 - 1), Mour employees

Housing Dobong-gu Seoul Metropolitan Government Dobong-dong

Kim △△△ (Court Prosecution) and Kim △△△ (Court Decision)

April 8, 2015

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Facts of crime

On July 18, 2013, the Defendant was sentenced to imprisonment with prison labor for one year for fraud, etc. in the Western Branch of the Daegu District Court, and the said judgment became final and conclusive on the 26th of the same month.

In collusion with the Internet, the Defendant knew that a financial institution would provide a loan to low-income workers or small-scale business operators only with the process of confirming documents issued by the National Pension Service, with the knowledge that a financial institution received a false or forged loan, and then received a false or forged loan under the name of the Defendant in accordance with the direction of the National Pension Service, etc., and then forged a business registration certificate and a national pension premium payment certificate, etc. necessary for the loan by using the personal information of the person under whose name the loan was borrowed, if a x et al. forged the above loan by using the personal information of the person under whose name the loan was borrowed, then the Defendant received a forged document file and sent it to the lender via e-mail, and made the borrower submit the forged document to submit the loan application at the bank, and shared the role of sharing the loan by sharing the loan.

1. Lending money under the name of the defendant;

Around January 30, 2013, the Defendant: (a) received instructions from Y, etc., and completed the work in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, as if the Defendant was operating a malicious-type retail business in Nowon-gu, Seoul Special Metropolitan City; (b) obtained a false business registration certificate under the name of the head of the Nowon-gu Tax Office; and (c) around that time, the Defendant applied for a loan under the name of the Defendant by using the false documents despite the intent or ability to repay the loan from the victim; and (d) submitted the loan to the staff in charge of the loan in charge of the above branch in the name-free manner who was unaware of the fact while applying for the loan under the name of the Defendant even though he did not have the intent or ability to repay the loan from the victim; and (e) took out the loan of KRW 10 million on the same day from the victim, the Defendant acquired the remainder

As a result, the defendant was given property by deceiving the victim in collusion with a xx, etc., under which he was given property from the victim.

2. Loaning in the name of Kim Jong-tae;

On February 13, 2013, the Defendant: (a) obtained a business registration certificate under the name of the head of the Suwon Tax Office, a certificate of payment of national pension contributions in the name of the president of the Gangnam-gu branch office to Kim Young-gu and a certificate of subscription to pension calculation in the name of the defendant’s e-mail, and printed out the above documents in accordance with the instructions of delegation XX, etc.; (b) around that time, the Defendant informed the above Kim Young-dong in front of the above Kim Young-gu in Seoul Jung-gu; (c) had the victim bank located in the Dong-dong branch of the same Dong-dong to submit the forged documents in a lump sum as if they were duly established documents; and (d) borrowed KRW 400,000 on the same day from the victim, and divided the above documents into KRW 400,000,000,000,000 won, and KRW 60,000,000,000.

As a result, the Defendant, in collusion with Kim Jong-gu and Y, by deceiving the victim, received 4 million won as a loan from the victim, and forged one business registration certificate under the name of the head of the Suwon Tax Office for Kim Jong-young, which is an official document, and one copy of the certificate of national pension payment under the name of the President of the Gangnam-gu Office of National Pension Service, the President of the Gangnam-gu branch office, and one copy of the certificate of subscription for pension calculation, and exercised the forged official document and private document en bloc.

3. A person who borrows money in the name of insurance box;

On February 26, 2013, the Defendant: (a) had the Defendant’s friendship-friendly head of the Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, issued a false business registration certificate under the name of the head of the Nowon-gu Tax Office because the said head of the Nowon-gu operated the musical retail business in the Nowon-gu in Seoul Special Metropolitan City; (b) notified the above head of the Gu, etc. of his personal information; (c) forged one copy of the certificate of payment of national pension contributions in the name of the President of the Gangnam-gu branch of the Gangnam-gu in Seoul Special Metropolitan City and the certificate of subscription for pension calculation; and (d) the Defendant sent the above documents to the above head of the Dong-gu branch of the Nowon-gu in Seoul Special Metropolitan City by the Defendant’s e-mail; (c) notified the above documents after delivery to the above head of the Dong-gu branch of the Nowon-gu in Seoul Special Metropolitan City; and (d) 200,000,000 won to the above branch of the victim; and (d) 400,0,0,00,0000 won.

As a result, the Defendant, in collusion with △, Max, etc., by deceiving the victim, and received 4 million won as a loan from the victim, and forged one copy of the National Pension Service, the President of Gangnam-gu branch office, the President of Gangnam-gu, and one of the subscription certificates for the calculation of pension, and used the forged private documents.

4. A person who borrows an aesthetic name.

On March 8, 2013, the Defendant informed Y et al. of the Defendant’s personal information about the Defendant’s pro-Japanese who wish to borrow money to the early police officer, using his personal information, and forged one copy of the business registration certificate under the name of the head of the Do salary office for the early rising, the certificate of payment of national pension contributions, and the certificate of subscription to pension calculation in the name of the head of the Gangnam New branch office for the early rising branch office for the early rising branch, and notified the Defendant of the loan method by e-mail again by delivering it to the said early branch office for e-mail. On the same month, the Defendant had the above Do governor notify the Defendant of the loan method under the name of the above Do salary office for the above branch office employees in charge of the payment of the above forged documents under the name of the victim’s name, and had the Defendant file an application for a loan under the above Do salary certificate under the name of the head of the Do salary office for the above 400,000 won under the name of the victim.

5. Loaning in the name of the new post office;

On March 22, 2013, the Defendant informed △△, etc. of the personal information of the new branch loan staff through the Internet and forged one copy of the business registration certificate under the name of the head of the Eunpyeong Tax Office of the new branch office of the new branch office of the new branch of the new branch of the new branch of the new branch of the new branch of the new branch of the new branch of the new branch of the Gu, and one of the subscription certificates for pension calculation using the personal information of the new branch of the new branch of the new branch of the new branch of the new branch of the Gu, and notified the new branch of the loan method while delivering the false information to the new branch of the new branch of the old branch of the new branch of the new branch of the new branch of the new branch of the new branch of the new branch of the Gu. The Defendant, upon receiving 400,000 won from the victim of the new document of the new branch of the new branch of the new branch of the Gu, conspired with the victim of the new document of the new branch of the new branch of the new branch of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police to the post office;

1. A copy of a protocol of suspect examination of the police in relation to P, M, Mingle, Kim Jong-tae, Masan, and Masan;

Application of Statutes

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

Articles 347(1) and 30(a) of the Criminal Act; Articles 225 and 30(a) of the Criminal Act; Articles 225 and 30(a) of the Criminal Act; Articles 229, 225 and 30(a) of the Criminal Act; (b) Articles 231 and 30(a) of the Criminal Act; (c) Articles 231 and 30(a) of the Criminal Act; (d) Articles 234, 231, and 30(a) of the Criminal Act; and (e) Articles 234, 231, and 30(a)

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each choice of imprisonment (excluding the crime of forging an official document, or uttering of a forged official document)

1. Handling concurrent crimes;

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

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is not guilty in that he repeatedly obtained money from banks by forging and using his official document and private document in a systematic manner, and it is not clear that the damage has not been recovered until now. However, considering the fact that the defendant confessions the crime of this case and is in a profoundly against the defendant, the crime of this case must be considered at the same time as the final judgment has become final and conclusive, the defendant must take into account the equity in the case where he has received the judgment at the same time as the judgment has become final and conclusive, the defendant is going ahead of military intervention, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc.

Judges Park Jin-jin