2018Gohap289 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Fraud

2019Gohap31 (Consolidation) Fraud

2019Gohap32 (Consolidation) Fraud

2019Gohap33 (Consolidation) Fraud

2019Gohap34 (Joint) Fraud, negotiable instruments counterfeited, forged or falsified securities

2019Gohap35 (Consolidation) Fraud

2019Gohap80 (Joint) Forgery of public documents, uttering of forged public documents

2018 initially 786 Application for a compensation order

2018 initially 976 Application for a compensation order

2018 early 977 Application for a compensation order

2019 early 229 Application for a compensation order

A South 73. Symar

double, dispatching democracy, Lee Jong-su, Kimma-ro, the lowest flag, Jinho (criminals) and Kim Attempted (public trial)

Attorney* (Korean National Assembly)

1. B

2

3

4. E.

May 17, 2019

A defendant shall be punished by imprisonment for eight years.

Class 1 national housing bonds (No. 1 through 10) seized shall be confiscated.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Facts of crime

“ 2018Gohap289

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

At the ○○ funeral hall located in Osan-si on May 201, the Defendant: (a) “The Victim E has made a large number of investments on the side of the real estate in Korea; (b) at the real estate investment meeting held by the people belonging to the large-scale deficit reduction in Yangsan, the Defendant has almost all the land in Yangsan-si; and (c) at the meeting of Korea, the Defendant is able to enjoy rent at a level of KRW 200-300 to KRW 3,000,000 at the end of the construction of the building after being developed, and then, (d) at this opportunity, she made soup, so far as to make up two lots of land in advance, “the value of the real estate” as well as “the value of the tax base tax base tax base tax base tax base tax.”

However, in fact, the defendant did not purchase the land in Yangsan District, and even if he received money from the victim, he thought that he would use it individually, not the purchase price of real estate.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim on July 5, 201, and received KRW 13 billion in total from around that time to December 6, 2012 as land price, and received KRW 520 million in total from around that time to December 6, 2012.

2. Fraud;

(a) Motor vehicle lease fees under the pretext of a substitute payment;

On August 5, 2014, the Defendant made a false statement to the effect that “The Defendant would make a full payment to the victim E in lieu of the benz lease fee.”

However, even if the victim pays rent on behalf of the victim, the defendant did not have the intention or ability to pay it to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) had the victim take advantage of such deception; (c) had the victim pay rent of KRW 10,86,90 on September 2, 2014; (d) 2, 086, 90 on September 5, 2014; (e) 2, 086, 500 on October 5, 2014; (d) KRW 900 on November 2, 2014; (e) 2,086, 90 on November 5, 2014; (e) 2,086, 900 on KRW 5 occasions on December 5, 2014; and (e) had the victim take advantage of the same amount.

(b) A nominal fraud of land price in the Gyeyangsan District;

On April 2, 2015, the Defendant made a false statement to the effect that the Defendant purchased the land in the dispatching district to the victim E, as described in paragraph (1), at a place where the Defendant’s location is unknown, and that the expenses would be changed.

However, in fact, the defendant did not purchase the land in Yangsan, and even if he received money from the victim, he thought that he would use it for personal use, not for the purchase price of real estate.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 15,30,00 from the victim as land price, on April 2, 2015, KRW 3,00,000, KRW 7, 300,000 on April 37, 2015, and KRW 5,000 on April 7, 2015, and KRW 00 on three occasions, including KRW 5,00,00, and KRW 00 on April 7, 2015.

(c) Costs for registration of land in the Gyeyangsan District, and fraud in the name of the purchase price of additional land.

On May 31, 2016, the Defendant changed the registration cost for two parcels purchased before the victim E at a place where the location is unknown. Moreover, the Defendant made a false statement to the effect that the Defendant would purchase one parcel additionally at least three parcels at the time of entering the building in the private transmission district.

However, in fact, the defendant did not purchase the land in Yangsan, and even if he received money from the victim, he thought that he would use it for personal use, not for the purchase price of real estate.

Nevertheless, the Defendant, as such, by deceiving the victim, received transfer of KRW 10 million from the victim on May 31, 2016, and received KRW 101,80,000 from around that time to August 19, 2016 under the pretext of land price, etc.

“ 2019Gohap31,”

The Defendant became aware of the victim’s husband and wife by joining the victim F in the “△△△△ Do Do Do Do Do Do e, managed by himself around spring in 2016.”

1. Fraud in the name of the money borrowed from the Republic of Korea;

On July 2017, the Defendant: (a) at the office of △△△△△ ( App Development Company) located in Yangsan-si, the Defendant: (b) provided the victim with “in the territory of the Republic of Korea, there is a person mediating foreign exchange transactions in the Republic of Korea with the Republic of Korea; (c) provided the said person in the Republic of Korea to the Republic of Korea; (d) paid money from the Republic of Korea to the Republic of Korea to the Republic of Korea; and (e) provided the payment to the Republic of Korea to the Republic of Korea to the Republic of Korea; and (e) provided the person who is to transfer money from the Republic of Korea to the Republic of Korea to the Republic of Korea with an explanation of the method of returning to the Republic of Korea; (d) provided the means of returning to the Republic of Korea; (e) provided the interest at 8% per month if he/she lends money to the person mediating foreign exchange transactions with the Republic of Korea; and (e) provided the principal to that person, he/she would return the money within

However, in fact, the Defendant did not have any plan to spend the money received from the victim to the projects for returning the Philippines, and was thought to use the said money as the Defendant’s personal debt, living expenses, studying funds of the children, and the Defendant’s employees’ benefits. While the Defendant had no assets held at the time, the Defendant’s operating company was every month, and the Defendant had no intent or ability to repay the principal and interest even if she borrowed the money from the victim, on the ground that the Defendant was liable for the debt of 30 million won with respect to the financial rights, and KRW 1.5 billion with respect to the Defendant’s debt to the individuals, including G, etc.

Nevertheless, on the 29th day of the same month, the Defendant, by deceiving the victim as above, wired the amount of KRW 30 million to the above account in the name of the Defendant (Account Number: 1*******) and 24 million to the above account on the 31st day of the same month.

2. Fraud on the pretext of a loan from Cambodia with a size of ten billion won or more;

On August 6, 2017, at the place described in paragraph (1) around August 6, 2017, the Defendant paid the victim interest at 30% of the 10 billion Won Won from Cambodia, if the Defendant lent the money to the victim, at the rate of 30% as the exchange test ends, and at the rate of 30% if the money is lent to the victim, and the principal would be returned within one month.

However, in fact, the Defendant thought that the plan to incorporate the money received from the victim into the above exchange test project would have been used for the payment of personal debt, transaction partner's payment, living expenses, employee's pay, etc., and on the grounds as stated in Paragraph 1, the Defendant did not have any intent or ability to pay the principal and interest even if he borrowed the money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and taking over the money borrowed on the same day, the amount of KRW 250 million from the above bank account in the name of the Defendant (Account Number: 2*****) to 40 million, and KRW 600,000 from the above bank account on the 11th day of the same month.

3. A nominal fraud of purchase price of stocks of an emergency hotel;

피고인은 2017 . 8 . 18 . 경 제1항 기재 장소에서 피해자에게 " 서울에 돈을 불리는 재력 가 모임이 있다 , 그 회원 중 최회장이라는 사람을 잘 아는데 , 롯데호텔 대주주 자격이 있는 사람들만 받을 수 있는 주식을 최회장이 받을 수 있다 , 롯데호텔 주식은 비상장 주식인데 , 나중에 상장이 되면 주가가 5배까지 뛸 것이다 , 늦어도 1년 내에 위 주식이 상장될 것이다 , 내게 돈을 빌려주면 그 돈으로 최회장으로부터 주식을 매수하겠다 , 주 식이 상장되면 주식으로 가지고 가도 되고 , 아니면 5배까지 오른 돈으로 반환하겠다 " 라고 거짓말하였다 .

However, the Defendant did not have any intention to pay the principal and interest even if he borrowed the money from the victim for the same reason as the statement in paragraph (1). The Defendant did not have any capacity to pay the principal and interest even if he borrowed the money from the victim without any plan to pay the money from the victim to the above share purchase.

Nevertheless, the Defendant, by deceiving the victim as above, received money of KRW 100 million from the above bank account under the pretext of the purchase price of shares on the 18th of the same month.

4. Borrowing money for purchasing land by Yangsan Industrial Complex.

On September 1, 2017, the Defendant called the victim and called the victim on the phone, and "on the other hand, there is a bad consciousness about investment," and there is a lot of land value. There is a person who lends money after receiving a certificate of deposit to those who want to buy the land. If the Defendant borrowed money to those who want to buy the land, he would receive 20% profit, and if he lends money to them, he would receive 20% profit, and if he lends money, he would receive 20% profit, and the principal would make repayment in the second month.

However, in fact, the Defendant did not have any plan to spend the money received from the victim to the above credit business, and did not have any intent or ability to repay the principal and interest even if he borrowed the money from the victim for the same reason as the statement in Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as above on the 1st of the same month, wired the amount of KRW 200 million to the above bank account with the name of borrowed money on the 1st of the same month, and obtained by deceiving KRW 160 million on the 29th of the same month, and acquired KRW 200 million on the 29th of the same month.

1 . 피고인은 2016 . 4 . 29 . 경 경남 이하 불상지에서 피해자 H에게 메시지를 이용하여 ' ▲▲ 바이오라는 회사가 상장 전이다 . 비상장 주식을 사서 상장이 되면 가치가 오르 고 , 위 수익을 기대할 수 있는 사모펀드를 내가 먼저 잡아 두었다 . 1인당 3억 원을 투 자하면 5개월에 1억씩 총 5회가 지급이 되어 원금 3억을 포함 25개월 만에 총 8억 원 을 벌 수 있다 ' 라고 거짓말을 하였다 . 그러나 사실 위와 같은 수익이 보장되는 사모펀 드는 존재하지도 않았고 , 피고인이 위 사모펀드를 미리 구입해둔 사실도 없었으며 , 피 해자로부터 받은 돈은 사모펀드에 투자하지 않고 생활비로 사용할 생각이어서 피해자 로부터 위와 같이 돈을 받더라도 위와 같은 수익을 올려줄 의사나 능력이 없었다 .

Around May 11, 2016, the Defendant, by deceiving the victim, was transferred from the victim as such to the Defendant, 30 million won in the name of the Defendant’s bank account (1****) in the name of the Defendant, as investment.

Accordingly, the defendant was given property by deceiving the victim.

2 . 피고인은 2016 . 8 . 25 . 경 경남양산시 신기동 * * 빌딩에 있는 □□ 회사 사무실에서 피해자에게 ' 필리핀에 보홀이라는 곳과 두마게티에 공항이 생긴다 . 주변에 땅을 사두면 10배가 오른다 . 2억 원을 석달만 투자하여 두면 두 배의 수익을 보장한다 . 기존 투자 자가 있는데 급전이 필요해 빠지게 되어 한 자리가 있고 내가 이미 잡아놨기 때문에 투자를 하여야 한다 . ' 라고 거짓말을 하였다 .

However, there was no such investment product, and there was no investment of KRW 200 million in advance, and even if the defendant received money from the victim, there was no intention or ability to guarantee two times the profits of the above three months.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Si Bank Account (2***) in the name of the Defendant, KRW 160 million in total, around September 1, 2016, KRW 90 million around September 8, 2016, and KRW 160 million around September 8, 2016.

Accordingly, the defendant was given property by deceiving the victim.

" 2019, 33"

On September 11, 2017, the Defendant made a false statement to the victim I to return money within 20 days from September 11, 2017 to 4-6% of the money that the Defendant had operated in the Philippines.

However, in fact, the Defendant did not have any idea to invest the money that he received from the victim in the Republic of Korea, and was thought to use the said money as the Defendant’s personal debt, living expenses, office operating expenses, etc., while there was no assets held at the time. On the other hand, there was no intention or ability to change the principal and interest by investing in the money even if he received money from the victim because he did not have any intent or ability to change the amount of money.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 10 million to the bank account of the Defendant on September 11, 2017, and KRW 30 million on September 12, 2017, and received KRW 30 million on September 12, 2017, and received additional money around October 1, 2017 on the said false statement and received around October 2, 2017.

Accordingly, the defendant was given property by deceiving the victim.

“ 2019Gohap34

1. Fraud;

A. Crimes against victims C

1) On December 2013, 2013, the Defendant purchased part of one parcel of land purchased by an existing investor within 18 months, because one existing investor is urgently required in relation to the land division by the △△△△△ located in the △△ Dong located in the ○○-dong, Seosan-si, Yangsan-si, the date of the Defendant’s purchase of one parcel of land within 18 months.

The Defendant said that 100% of the principal would be paid dividends. However, the Defendant did not have entered the land in Jeju-do and did not have any intent or ability to repay the principal and dividends. Ultimately, the Defendant was transferred from the victim via three times on December 2, 2013 to the Defendant’s account (1***) in the name of the Defendant over three occasions on December 2, 2013;

2 ) 피고인은 2014 . 6 . 일자불상경 위 ' △△ ' 사무실에서 피해자에게 ' 내가 ▲▲SDI 대주주이다 , @ @ 모직과 ▲▲물산이 통합하는 과정에서 ▲▲물산 주식을 3 , 000만 원 정도만 사면 1억 원을 보상해주고 ▲▲바이오 주식을 주겠다 ' 고 말을 하였다 . 그러나 피고인은 ▲▲ 대주주도 아니고 ▲▲ 관련 주식에 투자하여 피해자에게 수익을 얻게 해줄 의사나 능력이 없었다 . 결국 피고인은 위와 같은 거짓말에 속은 피해자로부터 20 13 . 6 . 23 . 피고인 명의의 계좌로 금 3 , 000만 원을 송금받고 ,

3) On March 2015, at the office of △△△△△, the Defendant said that “the victim is entering into a contract on the establishment of the Chinese branch of the Doldong Daldong Dokdong Dokdong Dokdong Dokdong Dokdong Dokdong Dokdong Dokdong Dokdong Dokdong 1:1,00 if the Defendant invested KRW 100 million, he would pay the investment profits to 1:1,00 won, and that he would offer the national housing bonds of the Republic of Korea as security. Furthermore, the Defendant did not have any intent or ability to promote the Doldong business in China or to offer the national housing bonds of the Republic of Korea as security for the investment funds. Ultimately, the Defendant was transferred from the victim to the bank account in the name of the Defendant on March 27, 2015, and was transferred KRW 100 million to the Defendant’s bank account.

4) On December 2016, 2016, the Defendant called “the victim’s phone call, and there is insufficient funds to purchase the land for Bododo and 2ndy real estate, which is a site for the new airport of the Philippines. To compensate for the invested money of KRW 450 million, if the investment amount is KRW 500 million, the Defendant would be able to enter the black club.” However, the Defendant did not have any intent or ability to purchase the land or redeem the investment amount in the Philippines. Ultimately, the Defendant, who received KRW 195 million from the victim to the bank account in the name of the Defendant, obtained KRW 190 million from the victim.

(b) Crimes against victims D;

On December 14, 2015, the Defendant, at the ○○○-dong Office located in Gyeyang-si, Yangsan-si, ○○○○○, has operated various projects, including L/C business and real estate business, and in particular, the Defendant is operating the funds of large-scale descendants under the ground of the Seoul metropolitan area. Although a new airport is planned to be established in the Republic of Korea, it may bring profits of 5 to 10 times until 2020 if it is invested in the money of the purchaser of the scheduled site for the airport. The Defendant said that the Defendant would pay land compensation in 2016 if it invests KRW 50,000,000,000. However, even if the Defendant received an investment from the victim, the Defendant did not have any intent or ability to pay the principal and profits by investing in the land for the airport site for the Republic of Korea.

Ultimately, on December 14, 2015, the Defendant received money of KRW 30 million from the victim to the bank account under the name of the Defendant on December 14, 2015 and received money of KRW 450 million in total from the time to January 17, 2017.

2. Forgery of securities and uttering of forged securities; and

The Defendant, as described in the above 1-A(3) above, has received an investment of KRW 100 million from the above C, and has received a request to offer security therefor, to forge national housing bonds and offer them as security;

A. Between January 2, 2015 and February 2, 2015, in the Cheongsan-dong office located in Yangsan-si, there is a method to affix the official seal of the Government of the Republic of Korea No. 10 million won in the name of the Ministry of Finance and Economy, i.e., 10 million won in the name of the Government of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of 10 million won in the name of the Ministry of Finance and Economy for the purpose of exercising the rights, after obtaining a sample of the national housing bond that was discovered by searching the Internet, i.e., referring to the bond number by searching the Internet.****

B. On March 26, 2015, at the above △△ Office, the government of the Republic of Korea provided 10 million won of the first-class national housing bond No. 1 and 10 million won under the name of the Minister of Finance and Economy, as security, each of which was held by providing C, who was unaware of the forged facts as above, as above, as security, as if they were genuine securities.

2019, 35 "

The Defendant purchased and subsequently sold the local apartment of the members of the Seosan-si △△△ apartment at the fourth floor located in Yangsan-si around the spring of 2015 to the injured party J, and then would be sold to the highest amount later. The purchase cost of the apartment bonds 10 million won is 10 million won for the purchase of the apartment bonds and would make an investment return in the purchase of the apartment. However, in fact, the Defendant did not think that he would make an investment in the above apartment and would use the above money as a living expense or an operating fund of the website business, and even if he did not receive money from the injured party, he did not have the intent or ability to reduce the investment return.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the bank account in the name of the victim (1*******) in the aggregate of KRW 40 million around June 15, 2015, KRW 10 million around August 29, 2015, KRW 6.5 million around August 31, 2018, and KRW 50 million in the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

“ 2019Gohap80

1. Forgery of an official document;

The defendant, at the office of the defendant in Yangsan-si, in July 2016, changed the notice of the result of the handling of the case that the defendant had previously received from the Busan Southern Police Station to use for the purpose of receiving more investment money. The defendant, under the name of the Busan Southern Police Station, 2016 - * * * * * 'the progress of the notice of the result of the processing of the case' 1. transfer (V) 1. 2. 3. 3. 'the closing of the 3. 3. 'the closing of the 3. '. 'the main contents' 'the fact that the defendant completed the investigation into the complaint case and completed the investigation into the case to the public prosecutor's office, 'the final contents of the suspicion of violation of the Credit Business Act' are all prohibited and the contents of the credit deposit are changed to 'the final contents of the prohibition of the payment of the money to the public prosecutor's office.'

Accordingly, the defendant, for the purpose of exercising, forged the notice of the result of handling the case under the name of the Busan Southern Police Station.

2. Counterfeiting of forged official documents;

On July 15, 2016, the Defendant taken the forged official document as described in the above paragraph (1) into a mobile phone at the border, and sent the photograph of the above official document to K to Kakaoox without knowledge of the forgery.

As a result, the defendant, who is a forged public document, has given K a notice of the result of handling the case in the name of the Busan Southern Police Station.

Summary of Evidence

omitted.

Application of Statutes

1. Relevant Articles of criminal facts;

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act

[Judgment 2018Gohap289.1] Each punishment, i.e., the fraud described in paragraph (1) of the 2018 Gohap289.

Article 347 (1) of the Act (Fraud 2018 Highis289 Case No. 2)

section 217 of each Criminal Code, section 214(1) of each Criminal Code, and section 214(1) for the remaining victims

section 214(1) of each Criminal Code (the point of exercising forged securities), section 22 of the Criminal Code

Article 9, Article 225 (Occupancy of Counterfeited Official Document) and Article 225 of the Criminal Act (Occupancy of Counterfeited Official Document)

1. Competition;

Articles 40 and 50 (Mutual Crimes of Exercising Counterfeitd Securities)

1. Selection of penalty;

Selection of Imprisonment for each crime of fraud

1. Aggravation for concurrent crimes;

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

(Fraud) Violation of the Punishment, etc. of Specific Crimes Act (Fraud)

1. Confiscation;

Article 48 (1) 2 of the Criminal Act

1. Dismissal of an application for compensation order;

Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Liability for Damages)

the scope of this chapter is not clear;

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 3 years up to 45 years; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Type] Fraud 01. General Fraud / [Type 3] More than 500 million won, less than five billion won

[Special Aggravations] Aggravations: for unspecified or large number of victims, or

When committing a crime repeatedly over a given period, serious injury to the victim

the court in the proceeding of a trial is not so poor that the law of the commission of a crime has been committed;

(2) If the person commits a fraud in a lawsuit

[The scope of recommendations and recommendations] Special Priority, 4 years to 10 years to 10 months

* In the case of concurrent crimes of the same kind between general fraud, the type shall be based on the sum of the amount of profit.

A. On the other hand, where the crime of forging documents was committed while committing a fraudulent crime, a multiple crime is committed.

It does not deal with the crimes related to documents, but only handles them as sentencing factors.

3. Determination of sentence;

The crime of this case is that the defendant acquired a large amount of profits from many people over a long-term period.

The defendant fully acknowledges the crime of this case, and the fact that there is no other criminal power except for those subject to a fine once due to the registration of credit business, etc. and the violation of the Act on Protection of Finance Users prior to the instant case is favorable to the defendant.

However, from July 201 to October 201, 201, the defendant's deception was much more than seven years, and the amount obtained by deception was more than 2 billion won, and the method of deception was not very good, such as forging a certificate or official document to prevent the crime of fraud, and the defendant was arrested in the Republic of Korea upon complaint from the victim F, and living together with his family in the Republic of Korea with his family in the Republic of Korea, and most of the damages were not repaid, and there seems to have been no special effort for the repayment of damages. Considering the fact that the victims were suffering from serious property losses and heavy mental suffering, the victims were suffering from extreme injuries due to the failure of home, and that there is no strong punishment for the victims to the extent that the victims were unable to escape from punishment due to the crime of this case.

In addition, in comprehensive consideration of the age, character and conduct, environment, motive, means and method of the crime, circumstances after the crime was committed, etc. of the defendant, and all the sentencing conditions shown in the records and arguments of the case, the punishment shall be determined as ordered.

Judges Park Young-young

Judges Kim Dong-dong

Judges Sulraia

1) Comprehensively cover each of the following offenses:

- Each fraud described in paragraph 2 of the case 2018 Gohap289 against the victim E

- Of the case 2019 high-class 31 cases against victim F, each of the remaining frauds excluding the nominal fraud of purchase price of shares of a hotel in the name of the non-listed hotel (paragraph 3 of the facts charged)

Each fraud

- Of the cases of 2019Gohap32 against the victim H, the frauds relating to the name of land investment funds for the New Airport of the Philippines (Article 2 of the facts charged)

- 2019 high-liability33 Fraud against victim I

- Of the cases of 2019Gohap34 against victims D, frauds relating to the name of the land investment funds for the New Airport of the Philippines (Nos. 1 to 12 of the Crimes List III)

- 2019 high-conforming35 fraud against the victim J