2016Gohap710 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud),

Forgery of Documents, Uttering of Illegal Document

2016 early 4189 Application for a compensation order

A

Periodical, Kim Jong-hun (Public trial)

Law Firm B

Attorney C, D

E

Law Firm (LLC) F

G. Attorney G

January 12, 2017

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

The defendant pays 1,531,00,000 won to the applicant for compensation by fraud.

The above order may be provisionally executed.

Criminal History Office

1. Forgery of private documents;

On June 2016, the Defendant, under the name of the representative of H Co., Ltd. and H Co., Ltd., and the name of H Co., Ltd., proposed investment funds to be collected by pretending to promote the K Apartment Construction Project, and entered into a funding contract and funding management contract between L Co., Ltd. (hereinafter referred to as “L”) and H Co., Ltd. under the pretext of fund management, and colors investors.

Therefore, although the defendant and I decided to attract funds from victims E, the victim E demanded that the funds be invested only when L is required to perform L's financial management obligation, and L refused the request on the ground that L's implementation is a matter that is responsible for L's implementation. Accordingly, the defendant and I conspired to forge a fund management agreement with the purport that L's payment of interest on the investment amount and the responsibility for the fund management is to be borne as required by the complainant because E may avoid the investment commitment.

On July 4, 2016, when the Defendant deposited KRW 3.5 billion in L with a 4-month deposit at the N Office located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, the Defendant entered the 2% interest rate on the 4-month deposit and the 2-month deposit interest on the 4-month deposit, and entered the 10% interest rate as the 2-month deposit and the deposit money as the 2-month deposit and the 2-month deposit without the consent of the depositee in the column of the delegated person.

Around July 5, 2016, the following day, at the L conference room located in building 0 in Gangnam-gu Seoul Metropolitan Government, the defendant met the victim E's proxy Q, while carrying L's employees, and around June 2016, the defendant affixed the L's corporate seal impression created in advance by the defendant to P, and the H representative affixed his seal on the letter.

Accordingly, the defendant, in collusion with others, forged ‘the proxy contract for keeping money management' in the name of LO representative director, which is a private document on rights and obligations.

2. Uttering a falsified investigation document;

On July 5, 2016, the defendant presented to Q Q the victim E's agent as if he/she completed the "the proxy contract for storage management" as stated in the above Paragraph 1 in the L meeting room.

Accordingly, the defendant, in collusion with I, exercised the ‘disfisced ‘disfisced' contract for safekeeping money management.

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

Around July 5, 2016, the Defendant and I presented a false bill of proxy service at the meeting room as described in the above paragraph (1) to Q Q as the victim E’s agent, and upon deposit with the L’s account (KB National Bank Company’s account number R) for four months, they shall be deposited and returned for four months, and shall not be withdrawn without the depositor’s consent.” The Defendant and Q Q puts his seal on the Fund Notes (hereinafter referred to as “B”), and received KRW 3.5 billion from the victim E who believed that the contract was concluded.

However, in fact, the above ‘the above ‘the proxy contract for custody management' was forged with the defendant, and when the victim deposits KRW 3.5 billion, he/she thought that he/she immediately withdraws it under the name of funding through L and used it to pay his/her personal debt, etc., and even if he/she receives KRW 3.5 billion from the victim, he/she did not have the intention or ability to deposit it for 4 months and pay the fee for KRW

Accordingly, in collusion with the defendant, the defendant deceivings the victim, and obtained 3.5 billion won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and S;

1. A statement of Q and T;

1. Each complaint of E and L;

1. To describe and present a letter of contract for the affairs of proxy for safekeeping and management;

1. Investigation report (the (the (the) name of the accused) made up of A falsely, the list of suspect A, the list of documents using the amount A issued by the suspect, the e-mail sent by the suspect A to the suspect, etc., the (the)L team leader S, the submission and attachment of the statement of transactions of this L account);

Application of Statutes

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

Articles 231 and 30 of the Criminal Act (the use of a private document, the choice of imprisonment), Articles 234, 231, and 30 of the Criminal Act (the use of a private document, the choice of imprisonment), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the use of a private document), Articles 347(1) and 30 (Fraud) of the Criminal Act (the use of fraud)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to the aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of each of the crimes) prescribed by the Act on the Punishment, etc. of Specific Economic Leave (Fraud).

1. Orders for compensation;

Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

1. Declaration of provisional execution;

Article 31(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

Reasons for sentencing

1. Scope of punishment: Imprisonment with prison labor for not less than three years but not more than 40 years;

2. Scope of recommendations according to the sentencing criteria;

[Extent of Recommendation] General Frauds of Type 3 (at least KRW 500,000, less than KRW 5000,000).

[Special Persons] The case where the Criminal Code is extremely poor or the case where a crime was committed by deceiving the court in the trial procedure.

3. Determination of sentence: Imprisonment with prison labor for a period of four years and six months;

The Defendant is recognized as a whole in committing the crime against his own mistake. The Defendant paid the victim with interest, and returned part of the money acquired by the defrauded, and thereby the actual amount of damage is about KRW 1.5 billion.

This is the circumstances favorable to the defendant.

However, the Defendant committed a fraudulent act by forging or uttering documents, and the law on the acceptance of such crime is very poor. The Defendant, even before having been sentenced to a criminal punishment due to fraud and embezzlement, has committed the instant crime again. The Defendant is under the Defendant’s strict punishment. It is inevitable to punish the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing factors shown in the pleadings of this case, such as the age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

The presiding judge, the highest judge;

Judges Yang Sung-sung

Judges Nam-tae-tae