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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On May 7, 2015, the Defendant was sentenced to a suspended sentence of two years in the June of imprisonment with prison labor due to the charge of forging private documents at the Seoul Central District Court, and the judgment became final and conclusive on November 14, 2015.
From August 2010 to February 2013, the Defendant served as the director of the headquarters of the Seoul Seongbuk-gu Seoul Metropolitan Government Certified Judicial Scriveners Office No. 401, and performed all of the affairs of a certified judicial scrivener under the name of D Judicial Scriveners.
On July 2012, the Defendant entered into an agency contract for the registration of apartment units with the Korean bank Kimpo-si branch office of Kimpo-si, Kimpo-si, and then changed the registration cost, such as the registration tax, etc. to vicariously execute the registration of apartment units with the victim F, via employees in the name of the Korean bank Kimpo-si branch office of Kimpo-si on December 2012.
However, the defendant had no intention or ability to act on behalf of the victim F even if he receives registration fees from the victim F, such as failure to act on behalf of the registration, even though he already received registration fees, such as registration fees, etc., even though he already received registration fees under the name of the certified judicial scrivener in Seoul and Namyang-gu, in addition to E apartment.
As such, the Defendant, by deceiving the Victim F, received KRW 3,99,100 from the Victim F in the name of D in terms of registration expenses on December 27, 2012, and received KRW 3,99,100 from the Victim F, from December 27, 2012 to February 28, 2013, the Defendant acquired KRW 77,380,520 in total from 156 victims, such as F, to the E apartment registration expenses, in the name of D, in total, from 156 persons, including F, in the name of D, under the pretext of registration expenses for the E apartment.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. Legal statement of the witness D;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. Each statement of G, H and I;
1. A copy of a statement of transactions in one bank, and a new bank.