2018Gohap684, 969 (Joint) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

(Fraud), fraud, fabrication of private documents, and perjury;

Events, preparation of qualification-based private documents, qualification-raising;

Uttering of private documents

2018 early 1688, 2160, 2210 Application for a compensation order

A

Manzon Line, Dyshan (Public Prosecution), Dyshan (Public trial)

Law Firm LLC (LLC)

Attorney Kim Jae-san

1. B

2. C.

3. D;

4. E.

5. F;

6. G.

Attorney H, I (applicant B)

Law Firm J, Attorney K, L, M, N,O (applicant C, D, E, and F)

For purposes of

Attorney P, Q and R (for applicant G),

January 7, 2019

A defendant shall be punished by imprisonment with prison labor for twelve years.

The Defendant pays KRW 160,000,000 to B who is an applicant for compensation, KRW 227,142,857, which is defraudation to C who is an applicant for compensation, KRW 130,000,00, which is defraudation to F who is an applicant for compensation, and KRW 180,000,000, which is defraudation to F who is an applicant for compensation, and KRW 250,00,000, which is defraudation to G who is an applicant for compensation.

The above compensation order may be provisionally executed.

Criminal History Office

"2018 Gohap684"

The Defendant, who operated the U Licensed Real Estate Agent Office in Gangnam-gu Seoul Metropolitan Building T, prepared a real estate lease agreement in the name of the lessor or the Defendant who is ambiguous as the agent of the lessor in order to prevent monthly rent return, repay debts, entertainment expenses, etc. even though he was not authorized by the lessor to conclude the lease contract, and had the intention of deceiving the lessee as if he had the right to conclude the lease contract and to receive the deposit money on behalf of the lessor as he/she had the right to receive the lease contract

1. Forgery of private documents;

On May 10, 2017, the Defendant: (a) entered in the real estate indication column for the real estate lease contract form for the above U Licensed Real Estate Agent Office of Seocho-gu Seoul, Seocho-gu, V buildings W; (b) entered into the lessor column; (c) entered into the lessor column; (d) the representative of the U Licensed Real Estate Agent Office in the Licensed Real Estate Agent column; and (e) sealed the X’s seal possessed at will in advance, after being cryed in X’s name, and forged one copy of the X’s real estate lease contract, which is a private document on rights and obligations, from December 20, 2016 to February 10, 2018; and (c) forged the real estate lease contract in the name of the lessor over 15 times, as shown in the attached list 1, respectively.

2. Preparation of qualification specifications and private documents;

On March 5, 2015, the Defendant entered the real estate lease contract form in which the Defendant was stored on the computer at the office of the above U.S. and entered and printed out as "AC", "AC representative of the office of licensed real estate agents", "UB agent's representative of the office of licensed real estate agents", "UB agent's KRW 00 million in the deposit column and KRW 000,000 in the rent column" in the real estate indication column for the real estate lease contract form for the above U.S. real estate agent's office, and then prepared one copy of the real estate lease contract form, which is a private document to gather the qualification of the Defendant's agent and affix the seal to the name, and from around that time, from July 28, 2017 to April 28, 2017, respectively, as shown in the attached Table 2 attached hereto, as well as the lessor's qualification as the lessor's agent.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the uttering of a falsified survey document, and the use of qualification certificate;

On January 5, 2016, the Defendant presented a lessor’s identification card copy, power of attorney, etc. to the victim AD, known to the general public, who had been aware of the fact that the Defendant had been delegated all the authority to conclude the said real estate contract to the owner of Gangnam-gu Seoul Building AE while entering into the said contract, and issued a real estate lease contract (transfer lease contract) to the victim who was aware of the fact that he/she was qualified.

However, in fact, even if the Defendant did not have been delegated by the lessor with the authority to enter into a lease contract for the above real estate and receive the deposit from the victim, he was thought to use it as his debt and gambling fund.

The Defendant presented the said real estate lease contract to the victim who is aware of the fact that he/she deceivings the victim and imitates the lessor's qualification as the above, and thereby, 44 million won as the down payment on January 5, 2016, and 40 million won as the remainder on March 7, 2016, and 60 million won as the name of the owner of the said real estate lease contract, and acquired 550 million won in total from April 1, 2015 to December 15, 2017, and acquired 2.130 million won from the victims on four occasions from April 1, 2015 to December 15, 2017, and exercised each of the real estate lease contracts in the name of the lessor or his/her agent under the name of the lessor's agent.

4. Exercising fraudulent, perjury documents, or private documents prepared for qualification;

On March 5, 2015, the Defendant: (a) shown the victim AA of Gangnam-gu Seoul building and concluded a contract with the victim AC; (b) presented the lessor’s power of delegation, etc. to the effect that “the lessor performed the contract by proxy in a foreign country; (c) there is no problem since the owner was delegated all the authority to conclude the said real estate contract by the owner; and (d) delivered a real estate lease agreement (pacted lease) signed by the owner of the said officetel to the victim who is aware of the fact that the owner of the said officetel was qualified as an agent.

However, in fact, even if the defendant did not have been delegated by the lessor with the authority to conclude a lease contract for the above real estate and to receive the deposit money from the victim, he was thought to use it as his debt and gambling fund.

As above, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 110 million from March 6, 2015 to April 7, 2015 from the victim’s bank account in the name of the Defendant; and (c) obtained a transfer of KRW 10 million to the AH bank account, etc. from June 2014 to February 28, 2018; and (b) acquired a total of KRW 2.830,40 million from the victims on 16 occasions as shown in the attached Table 4 of the Crimes List from June 2014 to February 28, 2018; and (c) exercised a real estate lease agreement in the name of the lessor or a lessor’s agent.

“2018 Highis969

On May 9, 2015, the Defendant concluded an apartment lease contract with the victim AF and the Gangnam-gu Seoul Seoul S Building AE with the victim on the apartment (monthly rent), but was willing to use the above victim's name to enter into a lease contract with another lessee and to acquire the deposit by fraud.

1. Forgery of private documents;

On January 5, 2016, the defendant prepared a contract form for the exclusive management of the real estate in the open office of the defendant in Gangnam-gu Seoul SP T with a computer, stating that the defendant entrusts the management of the real estate subject to management, such as lease of the above real estate in Gangnam-gu Seoul Special Metropolitan City SE-gu, Seoul Special Metropolitan City, the lessor (reals) and the lessor(s), AF, AI, and the Seoul Special Metropolitan City Jung-gu (hereinafter referred to as the "Gu") by using a computer in the open office of the defendant in Seoul, the defendant's name was stated as follows: (2) preparing the delegation form and form, "the real estate column in question, building AE in Seoul, the owner column, the owner column, the AF (AI), the agent column, the name of the above AF was stated as "any act including the contract for the lease of the real estate subject to management"; and (3) the seal of the above AF was affixed to the above "exclusive management contract (lease)" and the "AF" column.

Accordingly, the Defendant, as seen above, forged each of the above "a letter of delegation", which is a private document related to rights and obligations, and a copy of "a letter of delegation", which is a private document related to a prior management contract (lease) and a certificate of fact.

2. Uttering a falsified investigation document;

When entering into a real estate lease agreement with AD for AE of the above S building at the same date and time as the above paragraph (1), the defendant presented that the above AD had a legitimate authority to look at himself/herself as if he/she had a legitimate authority, and exercised the above AD by presenting the forged "exclusive management agreement (lease)" and "a letter of delegation" as if it had been duly formed.

Summary of Evidence

"2018 Gohap684"

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police against AK;

1. Each prosecutor's statement concerning AL, AC, AD, AM, DNA, D, AO, and F;

1. Each police record statement of each police officer with respect to AP, Q, AR, AS, AS, ATS, AV, AW, AY, AZ, G, AB, E, B, and BC;

1. Each complaint filed by the President of the Republic of Korea, BE, BF, BG, BH, BI, BJ,K and BL;

1. Each written statement of B and BM;

1. Investigation report (BN telephone conversations), investigation report (explosive on the spot of Ureal estate of a suspect), investigation report (Lessee BO telephone conversation), investigation report (execution of a search, seizure and verification warrant, etc.), investigation report (Lessor BP, telephone statement hearing), investigation report (leased BP, telephone statement hearing), and investigation report (Lease Q Q and telephone statement hearing);

1. Each real estate lease contract, each real estate lease contract, each description of the object of brokerage, each short-term lease contract for real estate, each monthly rent contract, and each officetel lease contract;

1. Each receipt, each entry and withdrawal transaction details, bank transaction details, A Q passbook transaction statement, transfer certificate, monthly payment statement, details of deposits transaction statement, personal financial transaction records, data on the settlement of deposits, account settlement statement, deposit account detailed statement, account transaction records, account transaction details, account transaction records (AH bank), 2 receipts, each receipt (AKS bank), account transaction details, 2 receipts, payment details of contract deposit, balance payment details, each transaction certificate, deposit certificate, deposit receipt, results of the transfer management by the withdrawal account, transfer statement, statement of deposit transaction statement, and statement of transactions statement;

1. Each exclusive management contract, each power of attorney F2018, 1969, and 1. The defendant's legal statement;

1. The police statement of BH;

1. Investigation report (person for reference AD and telephone communications);

1. Contracts for exclusive management (a letter of delegation) (Evidence No. 24) and power of attorney;

1. AE monthly rent contract, counterfeited pre-use contract (AD, AE), or forged AD receipt (50 million won) in the name of AF;

Application of Statutes

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including frauds against AP, AD, BI, and BK), Article 347(1) of the Criminal Act (including frauds by each victim), and Article 347(1) of the Criminal Act (including each victim's AC, D,S, BL, E, AU, B, B, B, B, B, ASS, ATR, BJ, ATR, B, B, and G, each frauds by each victim, including each victim's case except BE), Article 231 of the Criminal Act, each Article 231 of the Criminal Act, each Article 234 of the Criminal Act, each Article 234, Article 231 of the Criminal Act, each Article 231 of the Criminal Act, each Article 232 of the Criminal Act, each Article 232 of the Imprisonment with Labor, each of the choice of a master's qualification documents, each of imprisonment with labor, each Article 23234 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, among the concurrent crimes with the punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against victim BI

1. Article 25(1), Article 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Orders for Compensation and Declaration of Provisional Execution [in the case of C, an applicant for compensation, and as the victim BK died on July 21, 2018, it shall be the money obtained by defraudation calculated in accordance with the inheritance shares (3/7) of C (spouse) co-inheritors, an application for compensation, among the damages of the victim BK, KRW 530,00,00, which is the amount of damage of

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for three to forty-five years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] General Fraud type 3 (at least 500 million won, less than 5 billion won) 1

[Special Aggravation] Aggravated Punishment: Where a crime is committed against unspecified or large number of victims or repeatedly for a considerable period of time, causing serious damage to the victims, and where a crime is committed by deceiving the court in trial proceedings, it shall be deemed that the method of receiving the crime is very poor or the fraudulent crime is committed by deceiving the court.

[Scope of Recommendation] Special Heavy, Imprisonment with prison labor from 4 to 6 June 10

3. Determination of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, including the circumstances after the crime, shall be determined in excess of the scope of the recommended sentencing guidelines and the same as the order.

○○ Unfavorable Circumstances: Each of the crimes of this case was committed under the name of a real estate agent, even though the Defendant was not entrusted with the authority to conclude a lease contract from a lessor, in spite of the absence of the fact that the Defendant, a licensed real estate agent, made a real estate lease contract under the name of a lessor or prepared a real estate lease contract by using a lessor’s agent qualification, and by deceiving victims as if he was entrusted with the authority to conclude a lease contract and to receive a lease deposit. While the Defendant committed each of the crimes of this case as a licensed real estate agent, it was committed by deceiving victims as if he was entrusted with the authority to conclude a lease contract and to receive a lease deposit, the Defendant committed the crime of this case in good faith and sincerity, but there were many cases where the law and attitude of the crime were very poor, and the lease deposit generally occupied the victims of this case, and it appears that the crime was committed in a planned and repeated manner over a considerable period of time, and the victims of this case committed suicide, and the Defendant did not have any mental harm to the victims of this case.

The circumstances favorable to ○: The Defendant recognized his mistake, and led to the confession of all of the crimes of this case. The Defendant has no record of being punished by a suspended sentence or heavier.

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu

1) Since each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each crime of fraud are concurrent crimes of the same kind, the type shall be determined on the basis of the aggregate

2) In the event that the crime of forgery or alteration of a document is accompanied by the crime committed in the course of committing the fraud crime, the crime concerning the document shall not be treated as a multiple crime, and shall be treated as sentencing factors only

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

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A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.