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(영문) 부산지방법원 2012.05.22 2011고단8603

무고등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 2, 2008, the Defendant borrowed a total of KRW 50 million from the Victim C and D, respectively, and created a collateral security on three real estates, such as a house, etc. located in Busan-gu, Busan-gu, Busan-do, and additionally borrowed KRW 30 million from the above C on December 23, 2008 and failed to pay KRW 30 million until January 7, 2009, the Defendant prepared a memorandum of transfer and acquisition with the purport that he will transfer the ownership of KRW 10 to one of the frozen goods stored in the freezing storage.

1. On March 2009, the Defendant forged a private document by using a computer at a place where it is difficult to identify the location of the person who subscribed for the document, stating “C” with the name of the person who subscribed for the document, “C” with the name of the person who subscribed for the document, and “I” with the phrase “I” with the phrase “I” and at the same time, the Defendant arbitrarily stampeded the name plate under the name of (State) G with the name of the person who was in possession of the StateF.

Accordingly, for the purpose of uttering, the Defendant forged a certificate of delivery under the name of the F G, a private document related to rights and obligations.

2. On March 12, 2009, the Defendant sent the forged ex-factory certificate to an employee who is unable to know the name of the Busan Seo-gu HF warehouse that keeps the said freezing by facsimile at a place where the location is unknown, and exercised it as if it were a document duly formed.

3. The uttering of the above investigation document and the attempted fraud made payment to an employee of the Busan District Court located in the Busan District Court on September 1, 2009 in total of KRW 86,581,840,000 by transferring the above freezing amount of KRW 73,581,840 to the (State) designated by C on March 12, 2009 and paying the total of KRW 86,581,840,00,000,000, including the loan amount of KRW 130,000,000,000 won as of October 2, 2008 and the loan amount of KRW 30,000,000,000,000 won as of December 23, 2008.