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대구지방법원 2013.05.15 2012고정4258

사기등

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

When the Defendant did not receive a loan from a lending company as a bad credit holder, the Defendant prepared a loan-related document under the name of the lending company B and received the loan.

1. On May 3, 2011, the Defendant: (a) signed on the paper of the monetary loan contract at a place where the location cannot be known; (b) on May 3, 201, on the date column, the Defendant sent the paper by registered mail to the central office of the mountain loan located in Daejeon and then delivered the document as if the document was duly formed.

Accordingly, for the purpose of uttering, the Defendant forged a letter of money loan contract in the name of private document B, which is a private document on rights and obligations, and exercised it.

2. On May 3, 2011, the Defendant, at the same date and time as in the preceding paragraph, and at the same place as in the above, by deceiving the staff of the victim’s child loan (the State) by forging a monetary loan contract as if the Defendant completed the contract, and by deceiving the said staff, he/she received KRW 500,000 from the victim as

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Cash loan contract;

1. Application of trade-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 231, 234, and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;