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(영문) 대구지방법원 2015.06.19 2014고정3086

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, although having not worked in B, was able to obtain a credit loan from the victim mountain and loan company, by pretending that he had worked in B.

1. On November 5, 2013, the Defendant forged private documents by entering the title “A”, “A”, “C”, “D apartment 106 Dong-dong 904, 104,” “management” in the affiliated column, “members” in the affiliated column, “Membership on March 15, 2012,” and “I prove that he is currently in office after entering our country.”

Then, on November 5, 2013, the term “use-bank submission use”, “F”, and “F” were written in the address column as “F 131 of the building E-gu in Daegu Metropolitan City, the name of the company, “B”, and “F”. The name of the company was written in the name column, and the seal of F, which was inserted in advance above, was affixed.

Accordingly, for the purpose of exercising, the Defendant forged a F's employment certificate.

2. On November 13, 2013, the Defendant filed an application for a credit loan at the Busan Jung-gu, Daegu-gu, Daegu-ro 11-1 office for the said company’s credit loan, and held it by submitting a forged employment certificate to an employee who is unaware of such circumstance.

3. In submitting one copy of a forged employment certificate to employees of the victim company at the same date and time as in the preceding paragraph, the Defendant filed an application for credit loan with the purport that “B is due to work in B, and annual income is KRW 15 million, and the principal shall be repaid by November 13, 2018, with interest of KRW 36.5% per annum, if the Defendant borrowed the loan, and the principal shall be repaid by November 13, 2018.”

However, the defendant did not work in B, and there was no property or income, so even if he received a loan from the victim company, the defendant did not have the intention or ability to pay the loan.