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(영문) 서울남부지방법원 2016.09.21 2016고단3117

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for forgery of official documents, etc. at the Youngcheon District Court’s Young-gu branch on November 15, 201, and the execution of the sentence was terminated at the Seoul detention center on November 15, 201.

The Defendant, for other purposes, conspiredd with D to establish a right to collateral security in the apartment of the victim and obtain a loan from a new bank, or to obtain a money by acquiring goods from a chemical peter Co., Ltd., by forging and using delegations, loan transaction agreements, and a contract for the establishment of a right to collateral security on the apartment of the victim by forging the proxy of the victim’s name, loan transaction agreements, etc.

1. Fraud of a new bank loan;

A. 1) On January 2014, the Defendant, in collusion with D, prepared a power of attorney to the effect that “all powers concerning the opening of a bank account” in the F department store at the 2nd coffee shop located in Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 2014, was holding as above in the name of the mandator C and then held as above.

C’s painting shall be stamped and “application for a loan of KRW 100 million” shall be drawn up, respectively, with a new bank loan consultation agreement and a new bank mortgage creation agreement stating that “a loan of KRW 100 million shall be set up with the maximum amount of KRW 120 million for G apartment of KRW 102 and 305 of KRW 100 million owned by Gangseo-gu Seoul Metropolitan Government, for the purpose of securing loan of KRW 100 million, and held as above on the name of the applicant for the loan and the establisher of the right to collateral security.”

For the purpose of exercising C’s seal, each of the delegations in the name of C, applications for loan consultation, loan transaction agreement, and mortgage establishment contract, which are private documents related to the rights and obligations, was stipulated respectively.

2) On January 22, 2014, the Defendant, in collusion with D, opened a new bank account in the name of C at a new bank located in Gwangju metropolitan area, and had arbitrarily stored in the column for seal imprint in the bank transaction application form.

C's name, which is a private document concerning rights and obligations, for the purpose of exercising C's seal.