beta
(영문) 부산지방법원 2017.08.10 2017고정1153

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant used the passbook, etc. in the name of the victim B to receive a loan in the name of the victim.

1. On February 5, 2015, the Defendant forged a private document: (a) stated “D” legal party operated by the Defendant located in Busan Seo-gu, Busan, in the resident registration number column for the loan application form sent by facsimile, in black-type, “E”, “B” in the name column, “three million (3,00,000)” and “five million (5 February 5, 2015)” and signed on the date column for the preparation.

Accordingly, the defendant, without authority, forged a copy of a private document B, which is a private document related to rights and obligations for the purpose of uttering.

2. The Defendant, at the time and place specified in paragraph 1, presented the forged loan application form to the employees in charge of loan, who are aware of the forgery, by facsimile, as if it was a document duly formed.

3. The Defendant filed an application for a loan of KRW 3 million with an employee who is unable to know the name of the victim Love Loan Company at the time and place specified in paragraph (1).

However, at the time of fact, the defendant applied for the loan by forging B's loan application form, etc., and there was no intention or ability to pay the loan normally.

As such, the Defendant, by deceiving the victim, has been using 3 million won under the name of the same day from the damaged person.

B The money was transferred to the Agricultural Cooperative Account in the name of B and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of a written request (11th page of investigation records), notification of assignment of claims (25 pages of investigation records) statute;

1. Relevant Article of the Criminal Act and Article 231 of the Criminal Act concerning criminal facts (Article 231 of the Private Document).

참조조문