2017 Highise532, 2017 Highise1016 (Joint), 2017 Highise1019 (Joint),

2018Gohap56 (Joint), 2018Gohap103 (Joint)

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

Violation (Drivinging) of the Road Traffic Act, Violation of the Road Traffic Act (Unlicensed Driving), Guarantee of Automobile Accident Compensation Act

Violation of the Act, Forgery of Private Signature, Uttering of Official Signature, Violation of the Resident Registration Act, Violation of Private Document

§ 40, 200.

A

Heafu, Bayoung, J. J. J. J. J., J. J. J. J. J., Hun-Hun, Kim Jong-be (Court of Justice)

Law Firm B, Attorney C

February 22, 2018

A defendant shall be punished by imprisonment for four years.

Criminal 1)

[2017Gohap532]

On January 6, 2017, the Defendant told the victim of the F office operated by the victim E in Gangnam-gu and the fourth floor of Gangnam-gu to the effect that “If the victim borrowed approximately KRW 2 million of the shares of H, 630,000,000,000,000, which are held by the G Association, due to the need to be protected, the Defendant would pay the full amount until January 28, 2017, and if the amount of protection is revoked, he would have H acquire shares at the issuing price.”

However, in fact, while the Defendant did not have any particular property or income at the time, the Defendant did not reach KRW 300 million, and even if she borrowed KRW 630 million from the victim, there was no intent or ability to repay the amount until January 28, 2017, and even if she did not have any right to the shares of H held by the G Union, the Defendant did not have the ability to allow the victim to acquire the shares of H to acquire the shares at the price of issuance, even if the amount of protection of the said shares is revoked,

On January 6, 2017, the Defendant, by deceiving the victim as above, received KRW 300 million from the victim, via one bank account (Account Number:J) in the name of Korea, and KRW 330 million from the new bank account (Account Number: L) in the name of K, respectively, and received KRW 630 million in total from the victim.

[2017Gohap1016]

1. Fraud against the victim M;

On September 9, 2007, the Defendant made a false statement to the victim M, who was introduced through 110 Doodong 1803, Seocho-gu, Seocho-gu, Seocho-gu, Seoyang-gu, J. 110 and 1803 as his spouse, by telephone, stating that “When the funds are insufficient to conduct the transaction of imported vehicles and used vehicles, the Defendant would return the profits and the principal to him/her.”

However, the Defendant did not engage in the vehicle sales business at the time, and even if he did not receive the above money from the victim due to the lack of property, he did not have any intent or ability to pay the proceeds or the principal by selling and selling the vehicle.

As above, the Defendant, by deceiving the victim as above, received 7.5 million won from the victim on September 12, 2007 as the borrowed money in relation to the vehicle sales business, in the above 0 account, and received 80,300,000 won in total once from September 12, 2007 to August 19, 2008, as shown in the List of Crimes (1).

2. Fraud of victim P;

On May 5, 2008, the Defendant made a false statement to the Victim P, who was introduced through the Defendant’s spouse of the Hansan-gu N apartment 110 Do 1803, Seocho-gu, Youngdong-gu, Seocho-gu, 110 Do 1803, by telephone, stating that “The Defendant would make a profit with a loan of money due to a shortage of funds to conduct the transaction of the imported vehicles and used vehicles, and to pay the principal.”

However, the Defendant did not engage in the vehicle sales business at the time, and even if he did not receive the above money from the victim due to the lack of property, he did not have any intent or ability to pay the proceeds or the principal by selling and selling the vehicle.

The Defendant, as above, by deceiving the victim, received 14 million won from the victim on May 14, 2008 in the name of the borrowed money in relation to the vehicle sales business from the victim to the above 0 account on May 14, 2008, and received the total amount of KRW 150 million from May 14, 2008 to September 6, 2008, as shown in the crime frequency list (2).

3. Fraud against the victim Qua;

On February 13, 2017, the Defendant made a false statement that “The Defendant would pay KRW 520 million to the acquisition price of KRW 71,486,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0

However, in fact, the Defendant was not the representative of H, and there was no particular property or profit at the time, while the obligation reaches about one billion won, and even if shares were issued from the victim, it was thought that it was disposed of and used for the cost of living, so there was no intention or intention to pay the acquisition price to the victim.

On February 13, 2017, the Defendant: (a) by deceiving the victim; and (b) received from the victim, KRW 185 million in total at the market price from the account in the name of T used by the Defendant; and (c) received KRW 71,486 shares of H&A.

[2017 Highest 1019]

1. Violation of the Road Traffic Act and violation of the Road Traffic Act;

On February 17, 2017, the Defendant, without obtaining a driver’s license on February 19, 2015, driven a UkN diesel vehicle from around 33, Gangnam-gu, Seoul, 152-ro 152-ro, in the state of alcohol with a blood alcohol content of 0.098%, at approximately 150 meters from the former bankruptcy, but from around 150 meters to the road front of the bank.

2. Violation of the Guarantee of Automobile Accident Compensation Act;

In spite of the fact that anyone is prohibited from operating a motor vehicle that is not covered by mandatory insurance on the road, the defendant operated a UKa-N vehicle that is not covered by mandatory insurance at the date and place specified in Paragraph 1.

3. Forgery of private signature;

On February 17, 2017, at around 19:30, the Defendant was investigated at the office of the Gangnam Police Station V located in Gangnam-gu, Seoul, 113-ro 12, for drinking accidents, etc., the Defendant: (a) stated that the Defendant was friendly W in order to conceal the Defendant’s drinking and unlicensed facts; (b) stated the “W” with the color stample in the indication column of the end driver of the report on the circumstances of the drinking driver’s oral statement prepared by the patrol X; and (c) forged his signature in the name of W for the purpose of exercising his/her signature.

4. Exercising the above investigation signature;

The Defendant, at the time and place specified in paragraph (3), exercised a false signature on the report on the circumstantial statement of a state driver with a forged private signature, as stated in paragraph (3), as if he had been genuinely formed to X as he knew of the forgery.

5. Violation of the Resident Registration Act.

Upon receipt of a traffic accident report at the date and time and place specified in paragraph (1), the Defendant informed X of the completion of a pro-friendly W resident registration number, which is not a relative living together, as if he were his resident registration number, and used it unlawfully.

[2018Gohap56]

1. Forgery of private documents;

The Defendant borrowed money from Y and urged the repayment of this money, and Y with the mind that the Defendant took a guarantee at H, a corporation, with a view to understanding of Y.

On February 10, 2017, the Defendant prepared the minutes of the board of directors’ meeting of the Co., Ltd. with the content that “A shall agree to borrow KRW 1 billion with its operating fund” at a coffee shop where the trade name in Gangnam-gu Seoul (Seoul) cannot be known, and then written the minutes of the above board of directors’ meeting, stating “A” at the end of the minutes of the above board of directors’ meeting, and affixed the seals of the above directors who voluntarily made it possible. Accordingly, the Defendant, without authority, forged one copy of the minutes of the board of directors’ meeting under the name of the Co., Ltd. (hereinafter “C”) with respect to rights and obligations.

2. Uttering a falsified investigation document;

On February 10, 2017, the Defendant issued the minutes of the board of directors forged as if they were a document duly formed to Y who is aware of the forgery, at the F Office of Seoul Gangnam-gu D and fourth level.

[2018Gohap103]

On February 20, 2013, the Defendant made a false statement to the victim AB, who became aware of as a result of the introduction by the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch

However, in fact, the Defendant did not have a specific plan for acquiring AD and did not have any acquisition fund for business progress. Therefore, even if the Defendant borrowed money from the victim, it did not have the intent or ability to acquire the said company, and there was no intention or ability to repay the principal and interest as agreed upon by the victim due to the absence of any property or income so reasonable.

The Defendant, by deceiving the victim as such, received from the victim a transfer of KRW 120 million to a new bank account (AF) in the name of the father of the Defendant, the father of the Defendant on the same day.

Summary of Evidence

[2017Gohap532]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against AG and I;

1. Statement to E by the police;

1. Details of transactions, copies of confirmation, copies of promissory notes, copies of minutes of the HH Council, certificate 1. Investigation Report (Telecommunications between the head of the AH AI team), investigation report (the result of execution of a warrant of search and seizure verification), investigation report (the result of secondary execution of a warrant of search and seizure verification of a new bank), investigation report (the result of secondary execution of a warrant of search and seizure verification of a new bank), investigation report (the result of secondary execution of a warrant of search and seizure verification - Korean, Korean people, royalties, one bank), investigation report (ju and G association) / [verification of facts]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. An interrogation protocol of the police against 0 persons;

1. Each police protocol of statement of Q, M, and P;

1. Each complaint;

1. A stock sales contract, a certificate of actual transaction, and details of passbook transactions;

1. A report on investigation (place of use of the damaged source);

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, records on the measurement of alcohol, reports on detection of drinking drivers, mandatory insurance, registers of driver's licenses (A), car-related inquiry, and details of revocation of driver's licenses (A);

1. Entry in and pending of the report on the circumstantial statement of the host driver;

[2018Gohap56]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. AJ suspect interrogation protocol of the police;

1. Each written confirmation;

1. Corporate register, promissory note, and medical certificate;

1. Entry of the minutes of the board of directors and their existence;

[Attachment 2018.70103]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to AB by the police;

1. A certified document, a written confirmation on transfer without passbook, a statement of passbooks, details of account transactions, documents on reply to details of transactions, second official document and reply documents, materials on account replys;

1. Application of Acts and subordinate statutes to investigation reports (to telephone conversations for reference AK and reference witnesses);

1. Article applicable to criminal facts;

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (including fraud against victim E), Article 347(1) of each Criminal Act (including fraud about victim M, P, Q, and AB, victim M and P), Article 148-2(2)3, Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 152 subparag. 2, Article 46(2)2 of the Road Traffic Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, Article 239(2) of the former Resident Registration Act (amended by Act No. 12134, Dec. 28, 2016); Article 236(1)3) of the former Resident Registration Act (amended by Act)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act and the crimes of violation of the Road Traffic Act (Driving without a license) and the punishment imposed on the crimes of violation of the Road Traffic Act (Driving without a license) with heavier punishment, each of the crimes of forging private documents, the punishment imposed on the crimes of forging private documents concerning the Z of a company director with heavier punishment, between the crimes of uttering of each private document, between the crimes of uttering of each private document, and the punishment imposed on the crimes of uttering of a private document in the name of the board of directors of Z with greater punishment)

1. Selection of punishment;

The selection of each imprisonment with prison labor for each crime other than the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the crime of forging private signature and the crime of uttering

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment of Specific Economic Crimes (Fraud) provided for in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Article 38 (1) 2, and Article 50 of the Criminal Act)

1. Reasons for sentencing: Imprisonment with prison labor for up to 45 years;

2. Reference to the sentencing criteria 2);

[Determination of Punishment] General Fraud. Type 3 (at least 500 million won, less than 5 billion won)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 3 years to 6 years

3. Determination of sentence;

[M] In light of the circumstances and specific contents of each of the instant crimes, the Defendant acquired money by deceiving several victims, and forged and used the minutes of the board of directors of H in order to conceal one’s own fraud, and the Defendant was discovered while driving a motor vehicle without a mandatory insurance policy without any license, and committed multiple offenses, such as forging and exercising the Defendant’s signature and using the Defendant’s resident registration number. In light of the following: (a) the Defendant committed repeatedly and repeatedly for a long time; (b) the amount of damage exceeds KRW 110 million; and (c) the amount of damage exceeds KRW 1.1 billion and most damage has not been recovered until now, each of the instant crimes is highly likely to be subject to punishment; and (d) the Defendant is likely to be subject to criticism.

[I] The Defendant is against the law by recognizing his or her mistake from the investigative agency to this court. The Defendant paid part of the amount of damage to the victim E and P, and the victim E and only agreed with the victim E and the victim so that the victim does not want the punishment against the Defendant. The Defendant’s age, character, character, environment, family relationship, motive and circumstance of each of the instant crimes, circumstances after the crime, etc. shall be determined by comprehensively taking into account all the factors of sentencing specified in the records and arguments of the instant case, including the following factors.

The presiding judge, judge Kim Jong-tae

Judges, Gan Geung-do Leave, a Korean signature or seal impossible.

The presiding judge

Support for judges' organization

1) Based on facts acknowledged by the argument and records of the instant case, to the extent that the defense right of the Defendant is not infringed

The facts charged have been partially revised and recognized. The same shall also apply to each list of crimes in attached Form.

2) In the case of the crimes in a mutually competitive relationship, the sentencing criteria shall not be deemed to apply. In most of the instant crimes, the sentencing criteria shall not apply.

Inasmuch as this is not set, only the sentencing guidelines for fraud as follows are appropriate.

A person shall be appointed.

A person shall be appointed.