2020 Highest 726, 1847(combined), fraud, fabrication of private documents, and uttering of private investigation documents

Kim assistant (tentative name), 86 years old, South, and North

Busan

Reference domicile

Park Man-hee (Court of Prosecution) and a new trial

Law Offices

July 1, 2020

A defendant shall be punished by imprisonment for a term of one year and ten months.

Criminal facts

[200 Highest 726]

1. Joint crimes committed against the defendant and Kim Dong-dong;

On December 2, 2017, while working as a real estate brokerage assistant, the Defendant: (a) formed a lease contract on condition that the lessee would receive a large amount of deposit and receive less monthly rent, contrary to the terms and conditions of the request of the studio lessor who requires a large amount of monthly rent instead of receiving less deposit money; and (b) conspired with Kim Dong-dong, a broker assistant of the same licensed real estate agent office, to receive the difference of deposit.

On April 18, 2018, the Defendant, along with Kim Dong-dong Kim, requested to rent studio on the condition of KRW 3,00,000,000 and KRW 4,000,000 on the condition of KRW 333,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

The defendant, as above, deceiving the victim and preparing a lease contract with the victim, without authority, stated the "No. 302 of the real estate" in the "location of the real estate" by using the file of the real estate lease contract stored in the computer without authority for the purpose of exercising the right, "No. h. 302 of the Simsan-dong, Busan-do, Busan-do, and "No. 300,300,000" in the "No. Do," and "No. 300,000,000 in the name of the lessor," respectively, and printed out the "No. 30,000,000 in the name of the tenant, and affixed the seal of the brokerage without authority, which was kept in his/her own possession, and affixed the seal of the brokerage without

As a result, the Defendant, in collusion with Kim Dong-dong, forged one copy of the real estate lease contract in the name of a private document concerning rights and duties and of a strong brokerage and forged one copy of the real estate lease contract in the name of a strong brokerage, and exercised the forged real estate lease contract by presenting it to the lessee who is unaware of the fact as genuinely constituted the contract, and acquired it by obtaining KRW 33 million from the victim, and acquired it by fraud from the victim from the above date and time to February 9, 2019, and forged seven copies of the real estate lease contract in the name of a lessor and a real estate intermediary in the name of a private document concerning rights and duties without authority for the purpose of exercising the right and duties in collusion with Kim Dong-dong for seven times from the above date and time to February 9, 2019, and acquired the amount of KRW 96 million in total from the victims seven times from the above date and time to February 9, 2019.

2. The defendant's sole criminal conduct;

On May 21, 2018, the Defendant: (a) at the "Real Estate Telecommunication Office" located in Geumdong-gu Busan Metropolitan City, Geumdong-gu, Busan; (b) at the "Real Estate Telecommunication Office", the Defendant was requested to rent one million won from the owner's possession of Geumdong-dong-dong, Busan; (c) monthly rent of KRW 3,50,000,000,000; and (d) at the same time, the terms and conditions of the above stude lease are 3,00,000,000,000,000,000 won; (b) at the "Real Estate Telecommunication Office" computer without due authority to use the file of the real estate lease contract; (c) from 200,000,000, 200,0000,000,000 won and 2,000,000,000,000,000,00,00.

[20 Highest 1847]

1. Joint criminal administration against the defendant and Kim Dong-dong;

On December 2, 2017, while working as a real estate brokerage assistant, the Defendant: (a) formed a lease contract on condition that the lessee would receive a large amount of deposit and receive less monthly rent, contrary to the terms and conditions of the request of the studio lessor who requires a large amount of monthly rent instead of receiving less deposit money; and (b) conspired with Kim Dong-dong, a broker assistant of the same licensed real estate agent office, to receive the difference of deposit.

On November 27, 2018, the Defendant, along with Kim Dong-dong Kim Jong-dong, requested the Do Licensed Real Estate Agent Office located in Yangsan-si, the Dog-dong, the Dog-dong, the Dog-dong, the Dog-dong, the Dog-dong, the Dog-dong, on the terms and conditions of KRW 1 million deposit, monthly rent 270,000,000,000 deposit money, and the Dog-dong, the Dog-dong, the Dog-dong, the Dog-dong, the Dog-dong, the Defendant,

As above, while inducing the victim and preparing a lease agreement with the victim, the defendant, without authority, entered the "D Licensed Real Estate Agent Office" in the "Real Estate Lease Contract Location" column by using the file of the "D Licensed Real Estate Agent Office" in the "Real Estate Lease Contract Book" which is stored in the "D Licensed Real Estate Agent Office" computer without authority for the purpose of exercising the right, and printed out the "Do Lease Deposit" in the "Lease Name" column, and affixed the seal and seal of the gambling brokerage held by the defendant and Kim Dong in the name of the tenant, and affixed the seal of the 40-day Housing Lease Contract, which is a private document related to the rights and obligations of Kim Dong-dong, forged one copy of the "Real Estate Lease Contract", and failed to know the difference between the tenant and the 40-day Housing Lease Contract, 400,000, 400,000,000 won, and 40,000,000 won was forged and omitted.

2. The defendant's sole criminal conduct;

On November 12, 2018, the Defendant, at the D Licensed Real Estate Agent's Office located in Yangsan-si, Yangsan-si, Busan, requested to lease 403,00 won as security deposit, monthly rent of KRW 1 million, and KRW 330,000,000 as security deposit to the victim's lecture damages, the Defendant made a false statement that the terms and conditions of the above studio lease are KRW 3 million and KRW 300,000,000,000,000 won for monthly rent.

As above, while deceiving the victim and preparing a lease agreement with the victim, the defendant without authority, and without authority, stated "D Licensed Real Estate Agent No. 403" in the "Real Estate Lease Contract Book" column, "No. 403 million won" in the "Real Estate Lease Contract Book", "No. 40 million won" in the "No. 400,000," and printed out the "No. 300,000,000 won in the name of the tenant," and affixed the seal of the 204,000,0000,000 won in the name of the victim, and then affixed the seal of the 204,000,000 won in the name of the 30,000,000 won in the "No. 40,000,000,000 won in the name of the victim, 30,000,000 won in the name of the 36,000,000 won in the above.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Articles 231 and 30 of the Criminal Act (the fact that the private document was committed in common), Articles 234, 231 and 30 of the Criminal Act (the fact that the private document was committed in common), Articles 347(1) and 30 of the Criminal Act (the fact that the private document was committed in common), Articles 231 of the Criminal Act (the fact that the private document was committed in private document), Articles 234 and 231 of the Criminal Act (the fact that the private document was committed in private document), Articles 234 and 231 of the Criminal Act (the fact that the private document was exercised in private document), Article 347(1)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Mitigation of self-denunciation;

Articles 52(1) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include the confession of the crime of this case by the defendant, the fact that the defendant has no record of punishment for the same kind of crime, and the fact that the defendant voluntarily surrenders, etc., under favorable circumstances to the defendant, the defendant committed the crime of this case repeatedly against many victims; the defendant committed the crime of this case; the defendant committed the crime of this case by forging documents; the defendant committed the crime of this case; the defendant committed the crime of this case; the defendant did not appear to have made efforts for recovery of damage, such as agreement with the victims; the amount of damage of this case is relatively large; the defendant's age, character and behavior; and environment; the defendant's age, means and result of the crime of this case; and the circumstances shown in the records after the crime

Judges or higher;

Attachment omitted.