2011 Highest 9678 Fraud, Forgery of Private Document, and Uttering of Private Document

2012 Highest 774 (Joints)

2012 Highest 775 (Joints)

2012 Highest 794 (Joints)

2012 Highest 1537 (Joints)

2012 Highest 2258 (Joints)

2012 Highest 2527(Joints)

2012 Highest 2795 (Joints)

2012 Highest 3043 (Joints)

2012 Highest 3886 (Joints)

2012 early 1172 Application for compensation order

Park 00, Swelves

Residential Gyeongbuk-do Group

Gyeongbuk-do, Gyeongbuk-do, at its original domicile

Is-respondings, Egrads, Ogings, Gangwon-gu, Kim Jather, abnormal trees, oil oil supply, movement;

Park Jong-Jon, Park Jong-Jon (prosecutions), Kim Jong-Jon, Kim Jong-Jon, Kim Jong-Jon (public trial)

Attorney Kim Tae-hee

○○ ( Address: Jeonbuk-gun, Jeonbuk-gun)

October 31, 2012

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, each of the frauds listed in the annexed Table 1, No. 28, 31, 32, 33, and 34 against the victim Kim○-○ is acquitted.

The defendant shall pay 8,300,000 won to the applicant for compensation by deceit.

The above compensation order may be provisionally executed.

Criminal History Office

On July 29, 2004, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on July 13, 2005.

2011 Highest 9678

1. Fraud against ○○○○;

Around 22:00 on December 28, 2006, the Defendant: (a) around 22:00, at the ○○ hotel VIP room located in Busan Metropolitan City ○○○○ ○○○ ○○ ○○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○000; (b) the Defendant did not have any intent or ability to invest money in 0000, which is operated by the Plaintiff; (c) the Defendant provided KRW 100,000 to the Defendant’s ○ ○ ○ ○ ○ ○ ○ ○ ○0

In order to invest in money, other investors or bank bills loans will not be negon. However, in order to money, it is false to the effect that 'the cost of opening a passbook, the cost of opening a bank employees' entertainment expense, work expense, and working expense are paid' to ○○○○○. It was received KRW 1 million from the victim on December 29, 2006, in the name of opening a passbook to receive an investment money from 000 points in Busan, Jin-gu, Busan, the sum of KRW 179 million from the victim by deceiving the victim by the same method from January 11, 2007 to 11, 207.

2. Fraud against the victim's seat0;

Around 23:00 on November 21, 2006, the Defendant: (a) at the main point of ○○ hotel Skicking in Msan, the Defendant: (b) had no intent or ability to invest money to the Defendant’s 0000 stock company operated; (c) had been responsible for the Defendant’s ○○○ Government Section ○○○○○○○○○○○; (d) at that time, the government’s investigation agency carried out the ○○○○○○○○○○○○○; (c) concealed three of the 3 of the ○○○○○○○○○○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.

3. Fraud against the victim Kim ○-○

Around 22:00 on November 7, 2006, the Defendant: (a) at the ○○ hotel hotel hotel room located in Changwon-si, Changwon-si; (b) there is no intention or ability to purchase the apartment by the victim; (c) there is no intention or capacity to purchase the apartment; (d) the victim’s “B” is a business in China; and (e) one time in Korea and a certain number of times is required at each time; (e) the apartment is set up in China; and (e) the apartment is set up in China. Furthermore, the Defendant concealed the North Korean remittance fund promoted by ○○○○○○○○○○, which was promoted at the time of the Kim 00 government, into a borrowed account; (b) the Defendant could not be said to have become the object of surveillance from the government investigation agencies, etc.; and (c) the Defendant obtained a 500,000 won mobile phone from the victim and obtained it from the victim and entered it in the passbook No. 2371 and No. 297,000.

4. Fraud against victim salted ○○;

On December 2, 2006, the Defendant, in the ○○ hotel Switzerland located in Busan Metropolitan City, ○○○○○○○○○○○○○○ Co., Ltd., which was operated by the victim, did not have the intent or ability to invest money, and the Defendant, in ○○○○○○○○○ Co., Ltd., the Defendant, having no intention or capacity to invest money, invested KRW 3 billion in the ○○○ Co., Ltd. to invest in the insufficient company in order to clean money. However, in order to invest money, it is false to the effect that “the cost of opening a passbook or bank employees’ entertainment expenses, work expenses, and dys to pay money” was remitted from the victim around 10:0 on January 8, 2007 to receive KRW 4.5 million from the victim.

5. Fraud to ○○○○.

Around 14:00 on December 15, 2006, the Defendant: (a) had no intent or ability to invest money in ○○○○○○○○○○○○ Company that the Defendant intended to operate; (b) had been in charge of the Defendant’s business on the inter-Korean remittance at the end of Kim○-si, Kim○-si, Kim○-si, and had been in charge of the Defendant’s business on the inter-Korean remittance; (c) at that time, 34 billion won was raised and managed as a borrowed account; (d) currently the government investigation agency, etc. did not manage the funds in the name of the Defendant who was subject to surveillance and could not withdraw the funds. However, in order to invest money, the Defendant was in charge of the opening of a bankbook, banking employees’ entertainment expenses, working expenses, and working expenses, which were paid out by the Defendant. The Defendant received 700,000 won from the victim from the time of receiving the funds from the victim through fraud, and deceptioned the victim by 31 to 4601,16, etc.7.

6. Forgery 2012 Highest 774.

(a) An investment agreement;

On October 7, 2009, the Defendant: (a) stated in the form of an investment agreement that ○○○○○○○○ in Changwon-si, an investment agreement that ○○○○ invested one billion won in a company 0000,000,000 for the operation of ○○○○○○○○○○○○○○; (b) stated in the name column of the part “A” in the name column of the investor’s “O”, “0000” in the resident registration number column; and (c) puts in the name column of address “○○○○○○○, Busan Metropolitan City Gold-gu, ○○○○○○○,” a seal of ○○○, which the Defendant was carrying in advance.

Accordingly, for the purpose of uttering, the Defendant forged a letter of investment agreement in the name of Nowon 00, a private document on rights and obligations.

(b) an investment commitment;

The Defendant, at the time, at the time, at the time, and at the place specified in paragraph (1), stated “NoO” in the name column and “NoO” in the letter of investment undertaking, stating that the Defendant promised to faithfully implement the requirements to be fulfilled as an investor, and affixed the seal of “NoO” in his name, which was carried out by the Defendant.

Accordingly, for the purpose of uttering, the Defendant forged a letter of investment commitment in the name of Nowon ○○, a private document on rights and obligations.

(c) Statement of intent to invest;

At the time, at the time, at the place, the Defendant stated that 00 won invested in 000,000 won as KRW 1 billion in the investment letter form, the Defendant, using a black tool, stated “OO” in his own column, “OO” in his name column, “OO” in his name column, and “O000” in his resident number column, and affixed the seal of ○○○○○’s personal seal carried in advance on his name. Accordingly, for the purpose of exercising the right and duty, the Defendant forged a copy of the investment intent in the name of ○○, a private document on rights and duties.

(d) Investment and loan agreement;

Defendant New 00 of the obligee and debtor corporation 0000 at the date and place mentioned in paragraph (1).

In the investment money loan contract form stating that the ○ representative director agreed on the fulfillment of the obligation to KRW 1 billion between the 1 billion and the ○○○○○○○, he stated in the name column of the investor’s “IO”, “0000” in the resident number column, and “OO’s seal attached to the name of the Busan Metropolitan City Young-gu Busan Metropolitan City 0000000000000000000000.”

Accordingly, for the purpose of uttering, the Defendant forged a letter of investment monetary loan contract in the name of new ○○, a private document on rights and obligations.

(e) A stock acquisition agreement;

At the time and place specified in paragraph (1), the Defendant entered “OO”, “000” in the resident registration number column, “000” in the address column, and marked “OO” in the name of the purchaser of the shares in the form of a share acquisition agreement, which provides that 72 million shares of 000 won per share shall be purchased at 50 million won per share, and the Defendant posted a seal of 00 o.e., he was holding in advance on his name.

Accordingly, for the purpose of uttering, the Defendant forged a share acquisition agreement in the name of Nowon ○, a private document on rights and obligations.

7. Uttering a falsified investigation document;

The Defendant, at the time and place specified in paragraph (6), issued a forged investment agreement, an investment commitment, an intent to make an investment, an investment cash loan agreement, and a share acquisition agreement to the ○○○, who is aware of the forgery, as if they were the document duly formed.

8. Fraud against the victim's outer ○○;

The Defendant, at the date and time, at the place specified in Paragraph 6, 1, concealed his name and personal information, and took place as if he was ○○, and the victim’s ○○ is working in the construction industry, and there is a Korean company that will invest a successful friendly fund in Japan. The Defendant would invest KRW 1 billion because the OOOO ○○○○○ company, which is operated by the party, has the value of investment. In order to transfer KRW 300 million of the primary investment, the commission needs to be paid, and it is false to send KRW 3 million.”

However, the Defendant did not have any relationship with or investment in finding a company to be invested, and the documents, such as investment agreement, investment money loan contract, etc. presented to the victim, were forged by stealing the name of Nowon ○ and new ○○○○, and thus there was no intention or ability to make an investment in 000, which was in the management of the victim. The Defendant received from the victim a total of three million won from the account of community credit cooperatives in the name of Kim○ on October 8, 2009 to the remittance fee.

Fraud against the victim Kim-○ on September 1, 2012

On June 4, 2011, the Defendant prepared a contract as if he would invest KRW 500 million in the victim Kim ○○, which was in Changwon-si, and intended to borrow money and acquire money by fraud.

Around June 5, 2011, the Defendant said that “A victim’s phone calls from an influorous place so that 1.5 million won is urgently needed to be lent to the victim only temporarily.” However, the Defendant did not have any intent or ability to repay 500 million won even if he/she borrowed money from the victim, as well as investing 50 million won. Nevertheless, the Defendant by deceiving the victim as above and transferred 1.5 million won from the victim as the same day of borrowing.

Fraud against the victim 00, west00, and red ○ on October 1, 2012

On November 201, 201, the Defendant had access to the victim ○○○, a person who is an internal member of the group of children, owns the land in the captain’s place of residence, and the victim ○○, a person who is an internal member of the group of children owns the land. In doing so, the Defendant made an investment in money to the victim ○○ and Red○, that is, there is more profitability and possibility of development if the party is a patent-driven factory, and that is, the victim ○ and Red○ are also trying to invest money in the work of the victims.

On November 20, 2011, the Defendant displayed a certificate of deposit without passbook to the victims, “OOOO located in the Geum-gu Busan Metropolitan Government OOO” on November 20, 201. The Defendant sent money to the victims in order to laundry by sending money to the Nowon-gu O, etc. with a large amount of money of KRW 1.3 billion. However, the Defendant did not have any revenue, and the money stated in the certificate of deposit without passbook to the victims was irrelevant to the Defendant, and there was no intent or ability to invest in their business even if they were paid by the victims.

Nevertheless, as seen above, the Defendant, by deceiving the victims, received KRW 1040,000 from 00 on November 22, 2012, 201, KRW 160,000 from ○○○○○ in the victim’s book, and transferred KRW 28,00,000 from ○○○ in the name of the Defendant’s largest bank account designated on November 28, 201 from ○○○○○ in the name of the victim’s book.

"Fraud against 2012 Highest 1537, 11. Fraud to ○○○○ of the Victim

Around 20:00 on July 26, 201, the Defendant: (a) at a coffee shop in front of the Msan City bus terminal located in Changwon-si, the Defendant: (b) “B is the pen of the family nationality, and (c) would invest KRW 150,000,000 to the victim ○○○ who had a business plan to operate the welfare sub-terminal by linking a hospital and an enterprise. The nationality of Australia is at issue with the use of the bank account; (d) it is necessary to deposit money through another person; (e) the expenses are needed. However, the Defendant was nominated and transferred money from other persons to an investigation agency by acquiring money by a similar method, so the Defendant used a provisional name as if he was a head of the household, and there was no intent or ability to make an investment to the victim.

As such, the Defendant, by deceiving the victim, was given 1.6 million won in his/her place of residence from the victim, and 500,000 won in the name of the victim for investment around 17:00 on the 31st of the same month.

[2012 Highest 2258 12. Fraud against the victim Lee ○-○

Around August 11, 2011, the Defendant made a false statement to the effect that “the Defendant would have an investment of KRW 300 million from ○○○○○, a creative city of KRW 0000,000.” However, the Defendant did not have any intent or ability to allow 00 to invest KRW 300,000 in 30,000 to the victim.”

Nevertheless, the Defendant, by deceiving the victim as above, was provided with food equivalent to KRW 205,00 at the market price of KRW 205,00 at that time from the victim’s place, and was provided with money, valuables, and food equivalent to KRW 5,360,00 in total at 11 times as shown in the list of crimes in attached Table (2). The Defendant was provided with money, valuables, and food equivalent to KRW 5,360,00 at 20,0

On April 14, 2009, the Defendant, a representative director of ○○○○○, posted a notice on attracting investment in ○○○○ and ○○○○○○○○○○○○○○○○○○○, an Internet investment brokerage site, and called “the Defendant was interested in complying with it during one month”, and received money and valuables and entertainment from the victim who anticipated the Defendant’s investment to receive food equivalent to KRW 238,000 per day and 22.60,000 per day from that time to that time, and received money and valuables and entertainment from that time to that of May 209.

However, in fact, the defendant is trying to engage in the business without any property or ability and to attract investment.

As such, the Defendant, by deceiving the victim, received money and valuables equivalent to KRW 40,073,00 from that time to that of May 2009 or offered entertainment for 24 times, as shown in the list of crimes in attached Form 3.

[2012 Highest 2795] 14. Fraud against the victim ○○

On July 17, 2006, at Changwon-si, ○○○○○○○ on July 16, 2006, the Defendant stated that “The Defendant would leave KRW 3 billion to the victim Lee ○○, an insurance solicitor, at a phased stage, to deposit a large amount of funds to the insurance company.” However, the Defendant did not have any intent or ability to deposit a large amount of funds with the insurance company of the victim.”

Nevertheless, the Defendant, by deceiving the victim as above, was provided three times from that time to the 19th day of the same month with entertainment equivalent to KRW 3,344,073. On the 15th day of the same month, “2012 Highly 3043, the Defendant committed fraud against the victim sent to ○○.

On August 2005, the Defendant made a false statement that “The amount of KRW 20 million is needed to operate the business” to the victim at the victim’s house of 00,000, which is located in the Haak-gun, Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun, the lower court concluded that “The Defendant would receive the contract deposit for remodeling construction of commercial buildings and receive the contract deposit.”

However, the Defendant did not have any special property under the name of the Defendant, and as well as the Defendant, ○○ Co., Ltd., a so-called planning real estate company, the Defendant had no intention or ability to pay the money even if he borrowed money from the victim because it was not capable of being awarded a contract for remodeling of the commercial buildings in Daegu-gu ○○○.

The Defendant, by deceiving the victim as above, received KRW 5 million in cash on the same day under the pretext of borrowing from the victim, and around August 18, 2005, KRW 2.8 million in the account in the name of ○ bank in the name of ○○ Bank Co., Ltd., and KRW 5 million in total from August 20, 2005, or received KRW 8.3 million in the account in the name of ○ bank in the name of ○○ bank around August 20, 200

"2012 Highest 3886" 16. Fraud against victim Kim ○-○

On August 23, 2011, the Defendant, at the ○○○○○○○○○ located in the Busan High-gu, Busan High-gu on August 23, 201, became the victim Kim○.

In order to obtain money from the victim through the victim's awareness, the Defendant paid consolation money equivalent to KRW 1 billion to the former wife at the time of divorce as the victim's permanent resident in Australia, and even at the present time, the mother of the former wife was subject to the claim of consolation money equivalent to KRW 1.3 billion, and is proceeding with the above judgment, but the financial transaction was suspended due to the above judgment, but it was a business with considerable assets to the extent that it would be able to receive more than KRW 1.3 billion at any time.

However, at the time of fact, the Defendant was not a permanent resident of Australia, and there was no fact that he paid consolation money equivalent to KRW 1 billion to the former wife or received a lawsuit claiming consolation money from his mother. In addition, the Defendant did not have any special property, and even if he borrowed money from the victim due to lack of certain occupation and income, there was no intention or ability to pay it.

Nevertheless, around August 31, 2011, the Defendant: (a) at the Busan Fluxa, the Defendant provided that “I will pay KRW 20 million to the head of the Tong if I had “Illll,” and (b) would lend KRW 1.8 million to the head of the Tong; and (c) the Defendant received KRW 1.8 million from the victim as the borrowed money.”

In addition, the Defendant acquired property benefits equivalent to the same amount by failing to pay KRW 23,142,097, while using the credit card in the name of the victim over 55 times, as shown in the attached Table (4) from around that time to November 1, 201, as shown in the list of crimes.

Summary of Evidence

[2011 Highest 9678]

1. The defendant's partial statement in the first protocol of trial;

1. In the third protocol of interrogation of the accused by the prosecution, some statements made to the accused are made (including the whole of the interrogation of the accused's interrogation) 1.00, Kim00, 100, 200, 00, 00, 00, and 20, respectively;

1. A copy of each investment agreement;

1. A copy of each passbook of transactions (a copy of the investigative record, No. 64, 65, 71 through 73, 76, 77 pages) (a copy of the investigative record, No. 2, 74, 75, 78 through 80, 171, 172 pages);

1. Statement of the accused in the second protocol of trial;

1. Statement of police statement on the peripheral ○○;

1. Investment contract (including investigation records, the investment agreement, the instruments of investment commitment, the intent to make an investment, the written contract for a loan for consumption of money, and the written contract for acceptance of stocks), which are attached to Articles 18 through 35 of title II;

1. Details of transactions of community credit cooperatives (2012 high-ranking75);

1. Statement of the accused in the second protocol of trial;

1. Statement of each police statement on Kim○-○ and the largest ○○;

1. An investment agreement;

1. A copy of a bankbook (2012 highest 794);

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by the witness red ○ in the seventh trial records;

1. Statement of a witness at ○○ in the eight-time protocol of trial;

1. Statement of the police statement on 00, westO, or red ○○;

1. A copy of a land development project, a joint agreement, or a written confirmation on payment without passbook;

1. Details of transactions, official receipts, detailed statement of transactions, and deposit certificate by period of receipt;

1. Photographs;

[2012 Highest 1537]

1. Statement of the accused in the third protocol of trial;

1. A protocol concerning examination of suspect against ○○;

1. Statement of the police statement concerning the depth00;

1. A criminal investigation report (Attachment to a statement of account remittance);

1. A copy of the investment contract attached to the written complaint (No. 10 through 19 of investigation records) (a copy of the investment contract attached to the written complaint);

1. Statement of the accused in the fourth protocol of trial;

1. Statement of the police statement concerning this0;

1. An investment contract;

1. Certificates of deposits without passbook, sales receipts for merchandise coupons, sales slips (the pages 12 through 16 of investigation records) (the investigation records No. 2018, Dec. 2, 201)

1. Statement of the accused in the fifth trial records;

1. Statement of the police statement against Kim○-○ (including the statement part of the impulse);

1. An investigation report (to be accompanied by a statement of remittance transaction by facsimile for the interest of investment money);

1. An investment contract;

1. Detailed statement of each card, and detailed statement of amounts of use of each card (2012 high group 2795);

1. Statement of the accused in the fifth trial records;

1. Statement of each police statement on ○○○ or on ○○○;

1. Each card sales slips (section 8, No. 2 of investigation records) attached to a written complaint (the number of pages 8 of investigation records)

1. Statement of the accused in the fifth trial records;

1. Statement of each police statement concerning 00, Park 00, 00, and Noh Jeong-gu;

1. A copy of the certificate of deposit;

1. Statement of the defendant in the sixth protocol of trial;

1. Statement of prosecutorial statement concerning Kim 00 and protocol of each police statement;

1. Details of passbook transactions, ○○ Card transactions, and ○ Card transactions;

1. Handphones of text messages;

【Prior Records at the Time of Sales】

1. Criminal records;

1. A report on investigation (attaching a written judgment, etc.);

1. Application of Acts and subordinate statutes on the current status of personal identification/O;

1. Article applicable to criminal facts;

Article 347 (1) of the Criminal Code (Fraud point), Article 231 of the Criminal Code (the point of use of private document), Articles 234 and 231 of the Criminal Code (the point of use of private document)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Orders for compensation;

Articles 25(1) and 31(1) through (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

1. Scope of recommendations: One year and eight months to seven years;

(a) Type II aggravated area of fraud (applicable to persons who are specially under special circumstances (limited to multiple victims or repeated crimes committed for a considerable period of time, repeated crimes of the same kind), and guidelines for the same concurrent crimes): One to six years;

(b) Basic area for forging private documents and holding such private documents (applicable to the criteria for processing private concurrent crimes): Six months to two years;

2. Determination of sentence: The sentencing factors that the defendant recognized most of the crimes of this case; the fact that the defendant agreed with the victim Kim ○○ was favorable to the defendant; the defendant committed the same crime as a similar crime in the previous, even though there was a history that the defendant committed the same crime during the period of repeated crime; the crime of this case requires funds for the money laundering, etc. of the former president. The crime of this case is intended to acquire money by deceiving victims, etc.; it is very poor that the crime of this case was committed by deceiving them; most victims have recovered from the crime of this case; damage to them or did not reach an agreement; the amount of damage caused by the crime of this case and the economic profit gained by the defendant are considered as factors of sentencing unfavorable to the defendant; and the punishment shall be determined as ordered by the disposition, taking into account the various factors of sentencing as shown in the records of this case, such as the age, character, environment, motive, means and consequence of the crime of this case;

Parts of innocence

1. Summary of this part of the facts charged

On November 7, 2006, at the ○○○ hotel hotel located in the window ○○○○○○○○○○, Changwon-si around 22:00, the Defendant had no intention or ability to purchase apartments with the victim, while the Defendant was in the absence of intention or capacity to purchase apartments.

It is necessary for the State to operate its business in the Republic of Korea and a certain time at one time within three months. The apartment house is set up, and it is only possible to cover the same time as that of the Republic of Korea. Moreover, while the Kim○-○ Government, which was promoted by 000 at the time of Kim○○ Government, concealed the North Korean remittance funds into the borrowed account, it cannot be said that the government, etc. currently became a seal subject to surveillance by the investigation agency, etc., and there is no Handphone. It is a false statement to the effect that the Handphone is able to use the secret funds, and that the expenses are urgently required to use the secret funds, and the money was received from the victim and received 70,000,000 won from the victim, and the money was received from the victim, and acquired 5,400,000 won in total, such as the school expenses and working expenses, on five occasions, as indicated in attached Table (1) No. 28,31,32,33,34.

2. Determination

In regard to this, the defendant acquired handphones and passbooks from the victim Kim○○, such as the [Attachment 1] No. 27,29,30] No. 27,29, and 30. However, the defendant argued that other money is to the effect that the defendant and the above victim received living expenses and used them in exchange for each other as well as by deceiving the victim.

In light of the following circumstances, the records of this case were examined and revealed, i.e., ① the victim Kim ○ was living together with the defendant from early 2007 to around 1 million won in a month from the defendant living in this court, and the defendant was asked to use money of 500,000 to 1 million won in daily living expenses. ② The victim found the defendant's mother's mother several times in the defendant's mind of marriage, and continued to see his mother's mother's sexual intercourse with the defendant at the time of marriage, but at that time, the victim's mother provided the victim with rice or subsidiary food at the time of living with the defendant. ④ The victim Kim ○○ stated that the defendant's mother provided the victim with money from other victims and did not file a complaint, ⑤ The victim Kim ○ made a statement that he had the same use as the defendant's covers the defendant, ⑤ The victim's defrauded and the defendant had the same part of the charges by deceiving the defendant and submitted it to the defendant.

If so, this part of the facts charged constitutes a case where there is no proof of crime, and thus, it is not guilty under the latter part of Article 325

Judges Song Jae-soo

1) The prosecutor stated in the facts charged that the market price of Handphones is KRW 500,00,000,000,000,000 per annum in attached Form 1.

Although the market price of the above Handphone is KRW 550,00,000, the market price will be stated in the facts charged in favor of the defendant.

2) In the facts charged, the prosecutor shall conduct a ○○ hotel underground hotel in Msan on December 9, 2006 at around 19:30 on December 19, 2006.

The statement in the attached Form (1) 36 No. 36 and the statement in the police statement of the previous ○○ is written.

On December 15, 2006, it is clear that it is a clerical error at the Busan Shipping Daegu ○○○○○○ hotel on December 15, 2006.