2019 Highest 2883, 2019 Highest 4032 (Joint)

Fraud, Forgery of Private Document, and Uttering of Private Document

2019 early 783, 2019 early 930, 2019 early 931, 2019 early 937

Application for remedy order

Epid, 90 Larba, Larba, Larba

Residential Ulsan

Reference domicile

Kim Jong-hee (prosecution) and Park Jin-Jin (Trial)

Attorney Kim Kim (Korean National University)

1. The name of the young child;

2. Battery;

3. The name of the household;

4. Lighting;

April 23, 2020

Defendant B’s imprisonment with labor is six months. The Defendant paid 650,000 won to the applicant for compensation, 710,000 won to the applicant for compensation, 90,000 won to the applicant for compensation, 80,000 won to the applicant for compensation, 90,000 won to the applicant for compensation, and 8,000 won to the applicant for compensation.

The above order for compensation may be provisionally executed.

Facts of crime

[2019 Highest 2883]

Around February 24, 2019, Defendant 2 posted a notice stating that he sells Alleys on the website of the Internet Health Market, and that this document “I would send 1,750,000 won in total from eight victims, including the following: (a) the Defendant did not have Alleys; and (b) the Defendant did not wish to send 1,750,000 won in total, from around that day to April 5, 2019, the Defendant received 10,000 won in total from 8 victims, as indicated in the list of crimes in the attached Table, from around that time to around April 5, 2019, and delivered 30,000 won in total, from around 11,000 to 30,000 won in total, as in the list of crimes.

[2019 Highest 4032]

1. Forging a private document;

The Defendant intended to obtain a loan by forging a lease contract with the Defendant as the lessee and delivering it to the lending business entity. Accordingly, on March 2017, the Defendant forged the original copy of the lease contract between the lessor Kim (tentative name) and the Defendant’s mother and the Defendant’s mother, and sent it by facsimile to the lending broker. The Defendant sent the name of the lessee by changing the name of the lessee from the above lending broker to the Defendant and printing it out to the name of the Defendant, and then received a fixed date. Accordingly, the Defendant forged one copy of the lease contract under the name of Kim, a private document on the rights and obligations of another for the purpose of exercising the right and obligations of another.

2. Exercising forged private documents;

On March 8, 2017, the defendant sent one copy of the counterfeited Kim-Lease lease agreement from the defendant's house in Gyeyang-si, to the loan broker in his name, as in paragraph (1). The loan broker in his name, who was sent by the defendant around that time, delivered 00 - mar loan to the defendant's company and the NF loan employee in his name, who is not aware of that time.

As a result, the defendant had held a forged private document in collusion with a person who has no name.

3. Fraud;

From March 8, 2017, Defendant submitted a forged apartment lease agreement to an employee under the name of the victim’s shares company 00 mar loan and a forged apartment lease agreement through a loan broker under the name of the victim’s name, as shown in paragraph (2) around March 8, 2017, and the Defendant provided KRW 3 million each of the deposit 10 million to the victim company as security for the victim company. However, the Defendant was not the above ○○ apartment --- lessee, but the Defendant submitted a forged lease agreement. As such, Defendant did not have the intent or ability to offer some of the deposit money as security for the victim company. Defendant received KRW 3 million on the same day from the victim company ○○○○○○, Inc., which belongs to the victim company by deceiving the victim company as above, and obtained KRW 3 million from the victim company N on the same day as a loan from the victim N on the same day.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant provisions concerning criminal facts;

Articles 347(1)(Fraud), 231, and 234 (Forgery of private documents, uttering of private document) of each Criminal Code, and choice of imprisonment

1. Aggravation of concurrent crimes;

Article 25(1)1, Article 31(1), Article 31(2), and Article 50(3) of the Criminal Act on Special Cases Concerning the Punishment of Compensation Orders and the Promotion, etc. of Litigation for Declaration of Provisional Execution; however, even though there is not only good method of crime but also the record of punishment for the same kind of crime, it is difficult to sentence the defendant as to the punishment of the crime of this case. In full view of all the sentencing conditions including the defendant's age, occupation, character and conduct, family relation, living environment, and circumstances after the crime, it is difficult to sentence the defendant as to the punishment of this case.

Judges electrical interest

A person shall be appointed.