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(영문) 대전지방법원 2013.06.28 2013고단1470

사기등

Text

A defendant shall be punished by imprisonment for 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

The defendant could not open a bank account under the name of the defendant due to bad credit standing, and requested the victim C, a middle school alumni, to use the post office passbook security card, etc. opened in the name of the victim on January 2012.

When the Defendant came to know of the fact that the victim subscribed to post office pension insurance in the context that it was necessary to pay money to the Defendant, the Defendant used the passbook security card in the name of the victim to file an application for loans for the above pension insurance and received money.

On December 13, 2012, the Defendant had access to the post office Internet homepage using a computer at his own home, and had entered the personal information, etc. of the victim in the column of the applicant for the loan based on the 18 million won pension insurance for the “flus pension1” goods subscribed under the name of the victim, and filed an application for the loan of refund, and submitted the application therefor, and around December 13, 2012, the Defendant was issued KRW 16,757,350 in total with the post office account (Account Number D) in the name of the victim used by the Defendant from the person in charge of the post office, and KRW 15,00 in the name of the victim. < Amended by Act No. 11383, Jan. 2, 2013; Act No. 11668, Jan. 2,

As a result, the Defendant forged the electronic records of the post office, which is a public office, for the purpose of hindering the management of affairs, and subsequently acquired 16,757,350 won from the victim post office as a loan for refund money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with a person in charge of the refund loan of a post office Taeduk River Ballast points);

1. Relevant Articles 227-2, 229, and 227-2 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment for a crime, the choice of a punishment, and the choice of a punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution of sentence Article 62 (1) of the Criminal Act, the substance of contingent crimes, and fraud crimes;