Escopics
Defendant
Prosecutor
Maritime Affairs and Trade Organization
Defense Counsel
Attorney Han-hee (Korean National Ship)
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The 84 days of detention before this judgment is sentenced shall be included in the above sentence.
Criminal facts
1. Fraud;
Examining the Defendant’s financial status around 2006, it was difficult to repay due to the failure of the construction company that was operated around 2002, and there was a debt of KRW 50,000 to the Nonghyup, and there was a debt of KRW 100,000,000 from their relatives, while monthly income was merely KRW 300,000,000, and there was no intention or ability to repay it.
A. On June 2, 2006, the Defendant called at the office of Nonindicted Co. 1, 2006, the Defendant called the victim Nonindicted Co. 2, who was the president of the restaurant that was usual and frequent, in fact, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money, and even if he/she did not have embezzled the company’s public funds, the Defendant received money from the victim by means of a false statement that “the company accounting employee is in need of embezzlement of the company’s public funds. He/she will make a payment without a mold. He/she will make a full payment after he/she borrowed from the company funds.” On the same day, the Defendant received money from the victim via the manual (Account Number 2 omitted) with KRW 53,90,00 from the Defendant’s wife Nonindicted Co. 3’s head on the same day.
B. On October 13, 2006, the defendant made a telephone to the non-indicted 1 corporation office, and even if he borrowed money from the victim, the defendant did not have the intent or ability to pay the money, he received 10,000 won in total with the passbook (Account No. 3 omitted) in the non-indicted 5's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.
2. Larceny;
A. At around 13:00 on December 11, 2007, the Defendant, at the office of the victim Nonindicted Co. 1, 2007, stolen the passbook (Account No. 1 omitted) in the name of the said company’s employees, 1,000 won of deposit in the Agricultural Cooperative located in the said company’s book, and then withdrawn the passbook from No. 10,000 won in the nearby NA, and then came to have it in the form of the passbook again.
B. At around 11:00 on December 27, 2007, the Defendant, at the office of the victim Nonindicted Co. 1, 2007, destroyed one passbook (Account No. 1 omitted) in the name of the said company, where the employees of the said company were in string the gap in the book, and stolen it.
3. Forgery of private documents, uttering of falsified investigation documents, and fraud;
A. On December 11, 2007, the Defendant, at the office of the National Agricultural Cooperative Federation of Korea, Gangwon-do, entered the amount column with an official seal affixed to the statement on the withdrawal sheet kept at the place, and forged the above written request for deposit with the seal affixed to the said corporation from the office of the immediately preceding Nonindicted Incorporated Company 1, and then presented it to an employee under the name of the National Agricultural Cooperative Federation who was unaware of the forgery of the said written request for deposit, and had the said employee transfer KRW 10,000 to the head of the agricultural bank in the name of Nonindicted Incorporated Foundation 5.
As such, the Defendant forged one written request for deposit in the name of Nonindicted Co. 1, a private document on rights and obligations, and exercised this, and received KRW 10,000 from the NAF to the passbook in the name of Nonindicted Co. 5.
B. Around December 28, 2007, the Defendant entered the amount column with an official seal affixed to the statement of money in the form of money in which the Defendant had been in place, and forged the said written request for deposit with the seal affixed to the said corporation from the office of the immediately preceding Nonindicted Incorporated Company 1, and presented the said written request for deposit to a female employee under the name of the NAF who was unaware of the forgery of the said written request for deposit, and had the said female employee remited KRW 180,000 to the head of the agricultural bank in the name of Nonindicted Incorporated Group 5, which was in the name of the Defendant’s father.
As such, the Defendant forged one copy of the request for deposit in the name of Nonindicted Co. 1, which is a private document on rights and obligations, and exercised this, and received KRW 180 million from the National Agricultural Cooperative Federation of Victims to the passbook in the name of Nonindicted Co. 5.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made against Nonindicted 6 and 2
1. Each complaint, a copy of a cash loan certificate, a copy of a bankbook, and a criminal investigation report (attached to photographs of input money cards);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 347(1)(Each fraud), 329( each thief), 231(Forgery of each private document), 234, 231(Uttering of each private document), 231(Uttering of each private document), 231(Uttering of each private document), and choice of each imprisonment.
1. Aggravation for concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Inclusion of days of detention in detention;
Article 57 of the Criminal Act
Justices Kim-Hy-hwan