2010 Highest 3799 A. Forgery of private documents

(b) Exercising a falsified investigation document;

(c) Violation of the Act on Registration of Credit Business and Protection of Finance Users;

1. tin00 (78******)-

Housing Daegu 00 Apartment 00 OOdong 00

Reference domicile Daegu 00 00

2. Former00 (74** 1**)*;

Housing Daegu Dong-dong 00, 00 apartment OO-dong O-dong 0

Reference domicile US-gu Seoul Odong 00

3. this00 (85*************

Housing Daegu Northern-gu OOdong 00

Reference domicile Kimcheon-si OOdong 00

4. Kim00 (81***********); and

Daegu Suwon-gu 00 apartment 00 apartment 10 Dong 10

[Reference domicile] Youngcheon-si 000 000

Kim Jong-Un

Attorney Park 000 (Law No. 100)

November 25, 2010

1. The defendant tin 00 shall be punished by imprisonment with prison labor for one year and by imprisonment for six months, respectively: Provided, That with respect to the whole 00 defendant, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

An order to provide community service for 160 hours to all the accused.

2. The defendant Lee 00 and Kim 00 shall be punished by each fine of three million won.

If the above defendants fail to pay the above fines, the above defendants shall be confined in the Labor House for the period of 50,000 won converted into one day.

Criminal facts

피고인 석○○는 2009. 1.경부터 QQQ금융 및 000Q론이라는 상호의 대부중개업체를 운영하던 사람이고, 피고인 전00, 피고인 이00, 피고인 김OO은 2009. 1.경부터 2009. 10경까지 위 피고인 석00 운영의 대부중개업체에서 종업원으로 근무하던 사람들이다.

1. Forgery of private documents and the display of private documents;

A. Defendant’s seat 00

On February 23, 2009, the Defendant indicated A’s name and resident registration number on the paper of the trade name certificate of 000 agricultural cooperatives, which was obtained through the Internet around that time, at the Daegu-gu O-dong 000, and then prepared a certificate to the effect that the above A is currently in office on February 24, 2009, and submitted it to the lending company as an accompanying document of the loan application document, which is the representative of the said farming association, as if the above certificate of forged employment was duly formed.

In addition, from around that time to February 19, 2010, the Defendant forged and used private documents 15 times in collusion with Defendant 10, 000 and Kim 00, in total, as shown in the attached list of crimes (1), 9, 10, and 11 times, as shown in the attached list of crimes (1), and (2).

B. All of the defendants, defendant Lee 00, defendant Kim 00

피고인들은 위 석QQ와 공모하여 2009. 5. 11.경부터 2009. 6. 24.경까지 사이에 별지 범죄일람표(1) 순번 9, 10, 11번 기재와 같이 총 3회에 걸쳐 사문서를 위조하고 행사하였다.

2. Violation of the Act on Registration of Credit Business and Protection of Finance Users;

A. Defendant tin 00 loan broker does not receive a loan for brokerage from a trading partner. Nevertheless, the Defendant around June 19, 2009 at the above 00 financial office around June 19, 2009. Around that time, upon receipt of an application for a loan from C, act as a broker for a loan to 00 savings bank. The Defendant received 2.25 million won, which is 4.5 million won, from the above C’s loan.

In addition, the Defendant conspired with Defendant 00, 142,544,430 won in total over 235 times in collusion with Defendant 20, 142,54,430, as indicated in the attached list of crimes (3), and (4), between around that time to February 18, 2010 and around February 18, 2010, as indicated in the attached list of crimes (3), and (3). B. Defendant JeonO, Defendant 00, Defendant Kim00

The Defendants conspired with the above 00 tin and received 69,467,930 won in total over 94 times from June 19, 2009 to August 10, 2009 as the price for brokerage, as shown in the annexed crime list (3).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C or D;

1. E-mail statement;

1. Registration certificate or modified registration certificate of credit business;

1. A statement of the details of the NongHyup Account transactions, details of transactions of deposit money transactions, and details of savings deposits;

1. Investigation report (specific amount of suspect fees);

1. Report on investigation (Attachment of Suspected Documents) and written consent to personal credit information attached thereto, certificate of employment, and details of transactions of admission and withdrawal;

1. Type of employment certificate, painting and output attached to each investigation report;

1. Certificates of forgery, and output of each forged file;

1. Customer DB consulting data attached to the investigation report;

1. A copy of the tin00 pocket book attached to the investigation report; and

Application of Statutes

1. Article applicable to criminal facts;

Articles 234 and 231 of the Criminal Act; Article 19(2)6 and Article 11-2(2) of the Act on Registration of Credit Business and Protection of Finance Users; Article 30 of the Criminal Act

1. Selection of punishment;

With respect to the 00th 00th o, each fine shall be imposed in consideration of the fact that the defendant was the operator of the loan brokerage company, and each fine shall be imposed in consideration of the fact that the defendant was an employee.

1. Aggravation of concurrent crimes;

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

1. Detention in a workhouse;

Defendant 00. Kim 00: Articles 70 and 69(2) of each Criminal Code [Simplely worked as an employee, the degree of commission of the crime and the profits from the crime, the Defendants’ criminal records, etc.]

1. Suspension of execution;

All Defendant 00: Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act; Article 62(1) of the same Act (see, e.g., Article 62(1) of the same Act); Article

1. Social service order;

Before Defendant: Reasons for sentencing of Article 62-2(1) of the Criminal Act

The defendant illegally purchased personal information (DB) from personal information sales in the course of operating the "0000 loan brokerage company", and solicited and recruited loan applicants by sending repeated text messages, etc. with employment of female employees, and then forged and used a certificate of employment of loan applicants and a detailed statement of entry and exit of passbook entry to mutual savings banks and private financial companies.

In addition, the Defendant collected and acquired 10-40% of the loan amount (average 15%, and maximum 45%) from the borrower as a brokerage commission, separate from receiving 2% of the loan amount from the borrower as a brokerage commission. The instant crime is that the Defendant acquired a large amount of economic benefits by abusing the poor position of ordinary people who lack credit and financial resources, and is also making more worse the economic situation of the borrower, and it is likely to undermine the establishment of sound financial transaction order. In addition, on January 12, 2009, the Defendant has the history of being punished five times as well as the history of being sentenced to a fine of two million won due to the crime committed by forging and exercising the consent to the provision and use of personal credit information by the borrower on January 12, 2009.

Considering these circumstances, the sentence of sentence is inevitable for the defendant. However, if the defendant has no previous conviction heavier than the fine, and the defendant deducts various expenses, such as employee wages, advertising expenses, office operating expenses, etc. from the brokerage commission, the profits that the defendant acquired by him/her seems to be much smaller than the amount written in the indictment, and the defendant supports his/her wife and her children. The sentence is imposed as ordered by taking into account all the circumstances recorded in the records, such as the period of the crime in this case, the method of the crime, the age and property of the defendant, etc.

Judge Han Jae-in