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(영문) 대구지방법원 포항지원 2017.10.25 2017고정368

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant’s pro-born B, who left the Republic of Korea to live in the Philippines, entrusted the Defendant with his identification card and seal, and delegated the Defendant with bank-related business in Korea, used money from the Defendant’s husband as the fund for the operation of the beauty art room and paid monthly profits to the Defendant’s husband. On June 2016, the Defendant notified the Defendant’s husband that “no longer borrowed money” was paid to the Defendant’s husband, and prevented contact with the Defendant. From June 20, 2016, the Defendant applied for suspension of payment to one bank account in the name of the Defendant (C) and expressed the Defendant’s intent to withdraw the delegation of banking business.

Nevertheless, the Defendant forged B’s request for deposit without B’s consent by forging B’s identification card and seal, but transferred the money deposited in the installment savings account (D) and the Cheongyang Total Savings Account (E) to the savings account (C) and had the intent to withdraw money from the savings account.

[Criminal facts]

1. Forging a private document or uttering a private document;

A. On July 5, 2016, the Defendant entered “B” in the column “C, D, E”, and sexual name column “B” in the paper of the Request for Certification of the Balance of Deposits (Trust) that was kept at the location “KEB branch in the north-Gu, YB 74, MaMa-ro, Northern-ro, North Korea, Ma-gu, Ma-gu, and signed B next to that name.

Accordingly, for the purpose of uttering, the Defendant forged a written request for certifying the balance of deposits (trust) in the name of private document B, which is a private document on rights and obligations, and issued a forged written request to an employee of a bank who is unaware of such forgery and exercised it as if it was a document duly formed.

B. Around July 6, 2016, the form “B” and the date of birth under the “Application for Report (Termination, Alteration) and Re-issuance”, which was kept at the said bank, was written in the form of the “W” and “B” in the form of a verification-type pen in the form of the deposit share column.