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(영문) 울산지방법원 2018.04.26 2017고단4409

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2017, the Defendant was issued a passbook, cash card, etc. in the name of the victim at the request of the victim E (man, 50 years of age) in “D real estate” near Ulsan-gu, Ulsan-gu, Ulsan-gu, and the Defendant received loans in lieu of the loan.

On April 15, 2017, the Defendant received a loan of KRW 20 million in the victim’s name and kept the said money in the Agricultural Cooperative account of the victim. On the 16th of the same month, the Defendant transferred KRW 5 million out of the said money from the Agricultural Cooperative account of the victim to the Saemaul Treasury account in the name of his father F, and used it as living expenses, etc., from that time until April 19, 2017, the Defendant arbitrarily transferred or withdrawn KRW 50 million in total three times as indicated in the list of crimes, and used it as living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

[Crime of Crimes] The method of embezzlement of the amount of temporary damage (won) during the annual crime 1.5 million won, after transferring the amount from the Agricultural Cooperative account of the victim to the Saemaul Treasury account in the name of the defendant's father from February 16, 2017 to the Saemaul Treasury account in the name of the defendant's father, and voluntarily withdrawing cash from the Agricultural Cooperative account of the victim's 300,000 from April 16, 2017 to the consumption of living expenses, etc., and then voluntarily withdrawing cash from the Agricultural Cooperative account of the victim's 300,000 won around April 19, 2017, 5.5 million won in total, around 200,000 dong, around 300,000.

2. On April 21, 2017, the Defendant forged a private document: (a) written the debtor’s form of the loan transaction agreement form in G Co., Ltd. D with the Y-type “E”; (b) “E”; (c) “2,00,000”; (d)” in column of the “Amount of Loan”; (b) “2017-04-21; (c) “2019-02-11”; and (d) “the date of termination of the contract” column; and (e) written “27.9” in column of the “Interest Rate” and “the late interest rate” column; and (e) written his signature at will adjacent to the name of the said E.

Accordingly, for the purpose of uttering, the Defendant forged one copy of “loan Transaction Contract” in the name of “A”, a private document related to rights and obligations.

3. The Defendant is affiliated with G Co., Ltd., who is aware of the forgery at the time and place set forth in paragraph 2.