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(영문) 서울서부지방법원 2017.02.08 2016고단808

사기등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 2, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment for breach of trust at the Seoul Western District Court on June 2, 2016, and the judgment became final and conclusive on July 1, 2016.

[2016 Highest 808] The Defendant is a person who runs a sirenr business with the trade name of “E”, “E”, “F.”

1. On June 11, 2015, the Defendant purchased 35 million won from the company employees H in the name of “E” office located in Gangseo-gu Seoul Metropolitan Government, and the Defendant was to obtain a loan at a rate of 14.5% per annum and 36 months for the lending period, and submitted a copy of the operator’s license of construction machinery to H in the name of the Dongducheon-cheon Market as required for the lending terms.

However, in fact, the Defendant paid the principal and interest of KRW 10 million per month under the circumstances where the Defendant had a debt equivalent to KRW 5-60 million at the time. Since there was no certain source of revenue, the Defendant did not have any intent or ability to repay the purchase price of the flaps, even if receiving a loan from the victimized company, and furthermore, the Defendant was also a forged construction machinery pilot’s license for H.

Nevertheless, the Defendant, as seen above, by deceiving the damaged company, obtained a loan equivalent to KRW 35 million in terms of the purchase price for the same day and acquired it by deception.

2. On March 2015, the Defendant of the forgery of an official document stated in column “J”, “H”, “K”, and “K” as of the date of delivery, in collusion with the name in influence and influences, the title “construction machinery pilot’s license” to be used for lending at a bank at a non-place nomenclature, and indicated in column “J”, “J”, “K”, and “W” as of the date of delivery. After attaching the H’s photograph to the next page, the Defendant affixed the original copy of the license of construction machinery pilot to H under the name of the same 2012 market, and affixed a seal affixed to the original seal to the effect that it is identical with the original.