(영문) 창원지방법원 밀양지원 2014.06.19 2013고단626



A defendant shall be punished by imprisonment for not less than eight months.

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


Punishment of the crime

1. On July 26, 2012, the Defendant forged private document: (a) indicated “E”, “E”, “G”, “G” in the mobile phone column, “E”, “E”, and “E” in the loan applicant column in the name column on the application form, etc. on the application form, etc. for the written application form, which was prepared by D’s employees of the CF in the city of Busan, the Busan, and signed on “E” following the name.

Accordingly, for the purpose of uttering, the Defendant forged a loan contract in the name of E, a private document on rights and obligations.

2. The Defendant, at the time, and at the place specified in Paragraph 1, exercised the forged loan contract as if it were a document duly formed.

3. The Defendant, at the time and place stated in Paragraph 1, proposed a counterfeited loan contract and a copy of the E driver’s license that the Defendant had been driving in the future, and deceiving the said D as if he had legitimate authority to engage in the act as if he was E and receive the loan.

The Defendant received 40,000,000 won in cash, which is owned by the Victim C Co., Ltd., from the above D immediately, from the Defendant, to the account in the name of E used by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. Each report on investigation;

1. An application for a loan, confirmation on writing, or a copy of passbook;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] general fraud.