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(영문) 수원지방법원 2014.03.26 2013고단6296

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 6, 2009, the Defendant and C around March 6, 2009 stated to the effect that “12,000,000 won should be paid in total to purchase apartment units, and 45,000,000 won should be paid in installments every month from March 3, 2010 to the time of sale after the purchase of apartment units, and the Defendant’s father will be 1,50,000 won in installments each month from March 3, 2010 to the time of sale, so that the Defendant’s father might be able to stand jointly and severally and severally, and the victim trusted this, transferred 12,00,000 won on the same day to a new bank account in the name of C.

However, the defendant and C did not have the intent or ability to pay the money borrowed from the victim in return for the sale of the apartment after the purchase of the apartment, and there was no consent from the father of the defendant on the joint and several sureties.

In this way, in collusion with C, the Defendant received 12,000,000 won from the victim and acquired it by fraud.

2. Forgery of a private document with respect to a proxy certificate of seal imprint and uttering of a falsified document;

A. At around 14:20 on May 11, 201, the Defendant: (a) stated in the delegating column “G, H, and C,” among the letter of delegation for the certificate of seal imprint and the letter of consent by legal representative, the Defendant forged one letter of delegation of the certificate of seal imprint in the name of G, a private document related to rights and obligations, without authority, for the purpose of exercising rights and obligations.

B. At the above time and place, the Defendant issued a letter of delegation of a forged certificate of seal imprint to the employeesJ of the above community service center as if it were a document duly prepared.

3. Forgery of private documents concerning a certificate of borrowing and display of private documents for investigation;

A. A. Around May 11, 2011, the Defendant borrowed KRW 50,100,000 from F on May 11, 2011, and the Defendant borrowed KRW 50,100,00 from F on June 201.