2016 Highest 1781 Fraudulent, thief, fabrication of private documents, uttering of private documents, official documents

Unlawful events, embezzlement of possession of stolen articles

Mo○○ (70 - 2), non-permanent,

Residential Seo-gu Incheon Gosanro

Reference domicile Jongno-gu Seoul Metropolitan Government Changdong

Kim Jong-hee (Lawsuits) and Song-hee (Trial)

Attorneys Fire-fighting (General Ship)

June 23, 2016

A defendant shall be punished by imprisonment for not less than eight months.

Facts of crime

1. Embezzlements of lost possession;

On September 5, 2014, the Defendant acquired a driver’s license owned by the victim ○○, who was lost by the victim ○○ at the Busan Western Elementary School located in Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, and the Defendant acquired a card tag in the amount of KRW 150,000 at the market price containing one bank card, one bank card, and one bank card.

The Defendant did not follow necessary procedures, such as returning the goods acquired as above to the victim, but did so to have he/she thought.

As a result, the Defendant embezzled the property that was separated from the possession of the victim.

2. Larceny;

On March 7, 2016: around 08, the Defendant: (a) around 00, around the 3U convenience point in the Incheon Sungdong Hospital located in the number of Bupyeong-gu, Incheon, the number of Bupyeong-gu, Incheon, 56, the Defendant: (b) took a theft of KRW 9,000 of the market price of the victim’s possession, which is equivalent to KRW 33,000,00; (c) KRW 10,000,00 for gift certificates; (d) one driver’s license; (d) one Si bank card; and (e) one of the market price of KRW 200,000 for the NA card.

3. Illegal uttering of official documents;

(a) A crime on March 11, 2016;

On March 11, 2016: around 10: 10, the Defendant applied for the issuance of a copy of the resident registration at the Dong 2, Dong 2, Dong-gu, Incheon Metropolitan City, 208, and presented the two-class common driver's license under the name of the head of Incheon Provincial Police Agency, which was a public document that was stolen and possessed by the public official of the above community service center as described in paragraph 2, as if he were the Defendant's driver's license.

Accordingly, the defendant denied official documents.

(b) A crime on March 28, 2016;

On March 28, 2016: around 00, the Defendant applied for and presented a Class 2 ordinary driver's license under the name of the director of the Incheon Police Agency, which was stolen to the public official of the above community service center, at the Dong 2 Dong-dong, Dong-gu, Incheon, Seoul, as well as at around 00, the second class ordinary driver's license under the name of the head of the Incheon Police Agency, which was a public document that was stolen to the public official of the above community service center as referred to in paragraph 2.

Accordingly, the defendant did not use official documents.

4. Forgery of private documents, uttering and fraud, theft;

(a) Crimes of issuing a credit card with a seed bank;

1) Forgery and uttering of private documents;

On March 11, 2016: around 00, the Defendant stated, at the Nam-gu, Incheon Metropolitan City, 35 New World Department Store Business Headquarters, the name of 'Ma○○' in the name of the principal member column of 'YOO', '58~11 loss in the name of 'YOOO' in the name of 'YOOO', 'YOOOO' in the name of 'YOOOO', 'YOOOOOO' in the name of 'YOOOO', 'YOOOOOOOO' in the name of 'YOOOOOOO', '3/11 loss in the south-gu, Incheon Metropolitan City, the name of 'OOOOOO' in the name of 'OOOOO' in the document attached thereto, respectively.

As above, the Defendant continued to use a forged letter of credit card transaction in the name of Kim○-○, which was issued by the Defendant, as if it were a document duly formed to Han○○○, a bank employee who knew of such fact.

Accordingly, for the purpose of uttering, the Defendant forged an application for report on credit card in the name of Kim○-○, a private document on rights and obligations, and exercised it.

2) Fraud

The Defendant pretended to be Kim○○, at the time and place described in the above paragraph A-1), and issued an application for a new card reporting (change) in the name of Kim○○, which was forged as described in the above paragraph (1) to the victim of the bank staff ○○, as stated in the above paragraph (a) and received a new card from the victim, i.e., a new card from Kim○-○.

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

(b) Crimes committed through a mobile phone;

1) Forgery and uttering of private documents;

On March 11, 2016: at least 00, the Defendant: (a) indicated the mobile phone agent of "(ju) in the Nam-gu Incheon Metropolitan City Hodong-gu, Kim○○," " Kim○," "58~2, in the column of the date of birth," "Yedong-gu, Incheon in the address column," "SC Japan Bank in the bank column," and "634- - in the account number column," respectively, and signed the name at the bottom of the document.

On the other hand, the Defendant continued to file an application for admission to a mobile phone in the name of Kim○-○, which was forged and used as if it were a document duly formed with the staff member in charge of the mobile phone agent who was aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for joining a mobile phone in the name of Kim○○, a private document on rights and obligations, and exercised it.

2) Fraud

The Defendant pretended to be Kim○○○○ as an employee of the mobile phone agency at the time and place described in the above B-1) and issued an application for joining a forged mobile phone with the intention of Kim○○○○ as described in the above B-1). The Defendant was issued from the victim, namely, one mobile phone of the amount of KRW 899 and KRW 800 in the market value at the victim’s seat, and received from the victim one mobile phone of KRW 899 and KRW 800 in the market value.

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

(c) Crimes of issuing a passbook to SCB Bank;

1) Forgery and uttering of private documents;

On March 11, 2016: around 50, the Defendant entered the name column of bank transaction application in the Nam-gu, Incheon Metropolitan City, the name of 'Ma○○', 'Ma○○' in the name column of birth, '58 to 'Yecheon-gu, Nam-gu' in the address column, and 'Yecheon-gu, Nam-gu, Seoul' in the lower part of the document, and signed the name above.

As above, the Defendant continued to deliver an application for bank transactions in the name of Kim○-○, as if it were a document duly formed, to ○○○○ who was aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a letter of bank transaction application in the name of Kim○-○, a private document on rights and obligations, and exercised it.

2) Fraud

The Defendant, as stated in paragraph (1) above, pretended to be Kim ○○, at the time and place described in paragraph (3) above, issued a written application for a speculative transaction to the victim of bank employees, which was forged in the name of Kim ○, as described in paragraph (1) above, and received from the victim a single head of a Tong (Account Number 634-2).

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

(d) Crimes of cash services;

On March 12, 2016, at around 56:56, the Defendant received cash services of KRW 1,00,000,000 from an automatic payment machine against the will of the manager of the automatic payment machine by using a new franking card in the name of Kim-○ issued as described in the above paragraph (a) at the location of the victim Cit Bank located in the Seo-gu Incheon Metropolitan City, Seo-gu.

Accordingly, the defendant stolen the victim's property.

(e) An act of lending money from a seed bank;

On March 15, 2016, the Defendant pretended to be Kim-○, by making a loan to a counselor who is unable to know his/her name by making a call to the victim (a State) Korea C&T Call Center (1566 - 1000) at the Defendant’s residence located in Yongsan-ro, Incheon, Seo-gu, Incheon, and then receiving the procedure for identification of his/her identity by using his/her cell phone illegally opened in the name of Kim○, as described in the foregoing sub-paragraph (b).

The Defendant received money of KRW 13,00,000 from the victim to the SC Japan bank account in the name of Kim○○ on the same day.

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

(f) An offense of lending R&C;

On March 16, 2016: around 05, the Defendant sent a loan counseling to a counselor who is unable to know his name by calls from the victim Rusbn Capital Call Center (1566 - 7979) at the Defendant’s residence located in 13 Won-ro, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, 13, 201, Dong 1205, and was charged as Kim ○-○, by illegally using a cell phone in the name of Kim○, such as the statement in the subsection (b).

The Defendant received from the victim the remittance of KRW 3,00,000 from the victim on the same day on the same day: around 00, at around 16:0 the SC Japan Bank under the name of Kim○-○.

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

(g) Purchase of precious metals;

On March 23, 2016: around 20: 20, the Defendant pretended to have the right to use a new world flue card in the name of Kim○-○, which was illegally issued, such as the above paragraph (a), at around 20, the Defendant issued an order of KRW 22 of the net amount equivalent to KRW 4,55,000 at the market price at tin, and paid the said amount by the said credit card. At around 21:3,00, the Defendant received a delivery of KRW 22,00 at around 22,00 from the victim around the same month.

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

(h) A crime of lending money by a lot;

1) Forgery and uttering of private documents;

On March 25, 2016, at the apartment parking lot located in the south-gu, Incheon Metropolitan City, 00: around 00, the Defendant entered ○○○ in the name column of the application for the loan, ' Kim○○' in the name column of the application for the loan, 'Ma○○○' in the date of birth, '0 to 1958' in the cell phone column, '0 to 010' in the real house column, '3 and 5 million won in the south-gu, Incheon, the loan limit column, '3 and 18.7 (%) in the loan interest column, '3 and 500,000 won in the loan application column', '3 and 500,000 won in the loan column', 'the name of 60,000 won in the bottom of the loan column', 'the loan column', 'the loan column' in the name of 18.7 (500,000 won.

As above, the Defendant continued to provide a loan application in the name of Kim○-○, which was forged and used as if it were a document duly formed to ○○○ employee who was aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a letter of loan application in the name of Kim○-○, a private document on rights and obligations, and exercised it.

2) Fraud

The Defendant pretended to be Kim○○○, the date and time as indicated in the above-mentioned paragraph (1) and at the place as indicated in the above-mentioned paragraph (1) and delivered an application for a loan under the name of Kim○, which was forged as indicated in the above-mentioned paragraph to ○○○, as stated in the victim’s 1). On March 25, 2016: around 50: Around 50, the Defendant was transferred KRW 35,000,00 to the SCB bank account in the name of Kim○ issued as described in paragraph (3).

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

(i) Issuing agricultural bankbooks;

1) Forgery and uttering of private documents;

On March 28, 2016: (a) around 54, the Defendant stated the name of '○○' in the name column of the card receipt, '58-2' in the resident registration number column and '58-2' in the south-gu Incheon Metropolitan City south-dong, respectively, at the original branch of the agricultural cooperative branch located in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, and signed the name on the back of the document.

As above, the Defendant continued to issue a written report on the head of Tong in the name of Kim○-○, and a card receipt report to the bank employee Kim○-○ who is aware of the forgery, as if they were the documents duly formed.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the passbook No. 1 and a card No. 1 respectively, which are private documents related to rights and obligations, in the name of Kim○-○, and exercised them respectively.

2) Fraud

The Defendant pretended to be Kim○-○ as the date and time stated in paragraph (1) of the above, and issued a funeral report and a card receipt to the victim Kim Jong-○, which was forged, as stated in paragraph (1) of the above, and received from the victim, i.e., one head of the agricultural bank of Kim○-○ from the victim, i.e., one head of the agricultural bank of Kim○-○.

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

(j) Crimes of lending creamble loans;

On March 30, 2016, the Defendant: (a) connected the Defendant’s residence in Seosan, Seo-gu, Incheon; (b) sent a copy of Kim○’s driver’s license, resident registration source and abstract; and (c) pretended to be Kim○○ by facsimile to the employees of the victim company so that he/she would have been Kim○○; (b) was remitted KRW 2,98,50 under the name of loan from the victim to the SC bank account in the name of Kim○○ on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Kim○-○, Noh○, Han-○, Han-○, Y○, Y○, Y-○, Lee ○, Kim Jong-Gyeong, Ma-○, Ma-○, Ma-○, Ma-○, and Hu-○, Ma-○, and Ma-○.

○ ○ Each police protocol on Park ○, ○

1. A written statement of Kim○-○, and a written statement of Lee○-○

1. A detailed statement of card use, application for credit card, etc., order form, copy of application for subscription, application for bank transaction, etc.;

Copy, Copy of loan transaction contract

1. CCTV photographs of the Incheon Sung-si Hospital, Gangnam-nam precious metal ○ju CCTV photographs, and CCTV in the new global department store;

Photographs

Application of Statutes

1. Relevant Articles of criminal facts;

Article 360(1) of the Criminal Act (the point of embezzlement of stolens), Article 329 (the point of larceny) of the Criminal Act, each Criminal Act

Article 230 (Posting of Illegal Exercise of Official Document) Each Criminal Act (U.S. in the Misappropriation of Private Document), Article 231 (U.S. in the Misappropriation of Private Document), Article 234 of each Criminal Act

Articles 231, 231 (a point in the event of a falsified) and 347(1) of each Criminal Act (a point in fraud)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

1. Application of the sentencing criteria;

(a) First offence (private documents);

[Scope of Recommendation Form]

Type 1 (Counterfeit, Alteration, etc. of Private Document) : Basic area (6 months to 2 years)

【Special Convicted Persons】

None

(b) Second crime (private documents);

[Scope of Recommendation Form]

Type 1 (Forgery, Alteration, etc. of Private Documents) Basic Area (Fe.g., 6 months to 2 years)

【Special Convicted Persons】

None

(c) A third-party crime (private document);

[Scope of Recommendation Form]

Type 1 (Forgery, Alteration, etc. of Private Documents) Basic Area (Fe.g., 6 months to 2 years)

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 3 years;

* Since there is a crime of embezzlement of stolen objects in the holding that the sentencing criteria have not been set, it is in accordance with the sentencing guidelines.

Only the lowest limit of recommendations shall be taken into account.

2. Determination of sentence;

The number of crimes in this case and the amount of damage are reasonable, and no agreement has been reached with the financial institution that performed the loan with the defendant knowing the defendant to Kim○○. However, the defendant is the first offender, and the victim Kim○○ and the agreement was reached smoothly with the victim Kim○○, the defendant suffering from mental disorders, such as polar disorder, and yellow disorder, and the defendant's age, occupation, occupation, character and behavior, environment, background leading to the crime in this case, the above motive and circumstances leading to the crime in this case, etc. shall be determined by taking into account all the conditions of sentencing as shown in the records, such as the following circumstances before and after the crime.

Judge Iseather