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(영문) 서울중앙지방법원 2013.12.06 2013고단5137

사기등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Forgery of private documents and uttering of private investigation documents by the Defendants

A. Defendant A is an operator of E, and Defendant B is an employee of E.

The Defendants pretended to transfer the price of goods to F, a Chinese trader, to receive SURENDB/L from F. At around 17:30 on September 24, 2012, at the E office located in Seongdong-gu Seoul Building 505 on September 18, 2012, Defendant B, according to the direction of Defendant A, copied the remittance statement that Defendant B sent USD 40,000 from China’s SUZHOU XINX EXDDDD COMDDD on September 18, 2012, and copied the remittance statement “2012-09-24:46:57018” on the date of the above remittance statement, “H” in the remittance number column, “2012-24-24/80/800/000.00”

As a result, the Defendants conspired to forge a letter of remittance in the name of an enterprise bank, which is a private document related to a certificate of fact, for the purpose of exercising authority.

B. On September 24, 2012, the Defendants conspired to commit the act of uttering of the said investigation document and sent the forged statement to F, who knew of the above forgery at the E office after September 17:46, 2012, by facsimile as if the said forged statement was duly formed.

2. Around September 24, 2012, Defendant A’s fraud made a false statement to Defendant F by phone call from the victim F in China in the above E office to the effect that “SURENDDB/L was remitted, and thus, Defendant A issued SURENDB/L.”

1.b)a false statement of remittance as provided in paragraph 1.2.

As stated in paragraph (1), the victim sent the victim by facsimile.

However, there was no fact that the defendant remitted USD 80,00 to the victim, and the above remittance statement was forged by the defendant.

As above, the Defendant deceivings the victim and uses it to take over USD 53,00.65 UURENDB/L from the original 38,850 on September 24, 2012 from the victim on September 19, 2012.