beta
(영문) 서울동부지방법원 2017.02.15 2017고단53

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On August 10, 2016, at around 15:00, the Defendant invadedd a structure, where the victim D, located in Gangdong-gu Seoul Metropolitan Government (ju) E, which was managed by the victim D, with intent to steal the passbook, etc. owned by the victim and was aware of it, and intruded into the structure managed by the victim.

2. The Defendant: (a) entered the said office at the time and place specified in paragraph 1; and (b) cut off a new bank ordinary deposit passbook owned by the victim D; and (c) a corporate seal impression of the representative director E representative director at the said office; and (d) stolen it.

3. Forgery of private documents and the uttering of a falsified investigation document;

A. On August 11, 2016, at around 10:39, the Defendant entered the withdrawal application form in the new bank cancer station located on the second floor of Taesung Fran-ro, Gangdong Olympic, Gangdong-gu, Seoul, as “Seoul, KRW 40,000, KRW 440,000”, “No. 11, 2016,” and “No. 11, 2016,” and affixed a copy of the corporate seal impression of the said company, which was stolen, as set forth in paragraph (2) above.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the application for withdrawal in the name of (ju) E, which is a private document related to rights and obligations, and submitted the said application to the person in charge of the new branch office of the bank cancer who is unaware of the fact as if it was made normal.

B. On August 16, 2016, around 13:54, the Defendant entered the withdrawal application form in the name of a new bank located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, in the form of a loan application form with a penology attached to the “YY 4,500,000 won”, “YY 16 August 2016”, and “E”, and affixed a seal imprint of the said company, as described in paragraph (2), on the next side.

Accordingly, the defendant, for the purpose of uttering, counterfeits a letter of application for withdrawal in the name of E, a private document(state) with respect to rights and obligations, and a new bank, which is aware of the said letter of application.