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(영문) 울산지방법원 2017.09.07 2016고단2702

사문서위조등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. Document-related crimes;

(a) the Defendant and B are the same high school’s creation.

On October 22, 2015, the Defendant: (a) entered “B”, “3,00,000 won in the column of the loan amount”; (b) on October 22, 2015 in the column of the contract date, “B” in the “B”; and (c) on May 21, 2018, “B” in the customer name column; and (d) entered the signature of “B” in that column.

Accordingly, the defendant has forged a copy of document B related to rights and obligations for the purpose of exercising them.

B. The Defendant, at the above time and place, transmitted and submitted the above investigation document to C by facsimile a copy of the C Loan Transaction Agreement in the name of B forged as above.

Accordingly, the Defendant submitted a document in the name of forged B to be held as if he were genuine.

2. The Defendant filed an application for loan transaction by submitting a forged B lending transaction agreement to the employee in charge of lending of the victimized Company C by facsimile at the above date, location, and as set forth in the foregoing 1. Paragraph.

However, even if the injured company borrows a loan from the injured company, it was thought that the whole defendant would use it, and even if the injured company received a loan from the injured company, there was no ability or intention to repay it.

The Defendant, by deceiving the employees of the victimized Company, received 3 million won from the victimized Company’s post office account (D) under B’s name as a loan from the victimized Company on the same day, and had been previously possessed.

B Using a certified certificate, etc. in the name of the above post office account was remitted from the above post office account to the bank account in the name of the defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B’s petition;

1. A forged loan contract;

1. Application of Acts and subordinate statutes of an investigation report;

1. Article 231 of the Criminal Act applicable to the facts constituting a crime and Article 231 of the choice of punishment;

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