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(영문) 인천지방법원 부천지원 2014.05.23 2014고단567

사기등

Text

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

Reasons

Punishment of the crime

1. On August 25, 2011, the defrauded stated that “The Defendant shall have to pay money if he/she lends money to the victim” at the victim’s residence (107 Dong Dong-gu 2402) of the victim C, Seo-gu, Busan, Seo-gu, 107, 2402.

However, the defendant's husband was not detained at the time, and the defendant did not have any intent or ability to complete payment even if he borrowed money from the victim with no particular property or income amounting to KRW 20 million.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 10,00,000 from the victim on the same day from the victim, from around January 10, 2013, received delivery of KRW 50,483,00 in total from the victim C, D, E, F, and G over 15 times as indicated in the separate crime list.

2. The Defendant: (a) borrowed 100,000 won from F to borrow money upon the request of D, i.e., the Defendant: (b) borrowed money from F; (c) received a delivery of KRW 300,000,000 from F; (d) received a demand from F to receive the certificate of borrowing in the name of D; (c) received the request from F to prepare the said certificate of borrowing at will.

On December 4, 2012, the Defendant entered the Defendant’s residence inside the Defendant’s residence located in the Busan Y, stating that “D borrowed KRW 1 million from F on December 4, 2012, using a color pen,” and signed “D” as follows.

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

3. Around December 5, 2012, the Defendant: (a) delivered a forged loan certificate to F, as described in paragraph (2), at the domicile of the State Party 8, 413, Seo-gu, Busan, Busan, to F, as if it was duly formed; and (b) exercised the same.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each complaint, a copy of a loan certificate, and