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(영문) 대구지방법원 서부지원 2013.08.27 2013고단398

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Crimes against C;

A. On May 13, 2010, at around 17:00 on May 13, 2010, the Defendant forged private documents, using the computer at the G office in the 13th floor of the Defendant’s operation of the 13th floor in Jung-gu, Daegu, Daegu, to invest KRW 00,000,000 in the amount which is considered as the operating capital of investors C. The agent I shall be fully responsible for the interest and principal to investors C, and this shall be responsible for all investors C as the representative of the H market merchant, and then has affixed the I’s official seal arbitrarily affixed to the I’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the loan certificate in the name of the representative I of H market merchants, which is a private document on rights and obligations.

B. On May 13, 2010, the Defendant, at around 21:00, invested KRW 3,000,000 as if he were actually aware of the forgery at C’s house located in Suwon-gu, Daegu, 107 Dongdong-gu, 1407, and C’s house, and exercised the above forged loan certificate as if it had been duly formed.

2. Crimes against E;

A. On November 15, 2010, at around 17:00 on November 17, 2010, the Defendant made an investment in the G office as described in 1’s paragraph (a) by means of a computer in the G office that “G, investors E, shall be the amount of million won for the operation of the H market merchants.” The agent I made out and printed out the document stating “I shall be all responsible for interest and principal to investors E, and this shall be all responsible to investors E as the representative of the H market merchants,” and marked an I’s arbitrary seal. Accordingly, the Defendant forged one borrowed document under the name of H market merchant representative of the H market merchant, which is a private document related to rights and obligations, with the aim of exercising the right and obligations. 2) On June 19:00, 2012, the Defendant performed the promise to K on June 18, 2012 by using the computer in the above G office to “Notarial document,” the promise to K on June 18, 2012.

on June 29, 2012 the unpaid portion on G (State Benefits) Payment Date.