beta
(영문) 광주지방법원 2015.12.17 2015고단3647

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant, using a forged rental contract, acquired a loan from the victim's North Korean Credit Union and received a mind to use it for gambling money.

1. On May 27, 2014, the Defendant forged private document: (a) using a computer in his/her own residence located in Gwangju Northern-gu B and 302, Gwangju Metropolitan City’s name; (b) “Location B and 302, Gwangju Metropolitan City’s Northern-gu; (c) KRW 202,000,000 per annum; (d) monthly rent: KRW 1,000,000 per annum; (c) “The lease period is determined from January 1, 201 to 48 months”; (d) “C”; and (e) affixed C’s seal kept by the Defendant at his/her own discretion on the back of his/her name.

Accordingly, for the purpose of exercising, the Defendant forged a lease contract in the name of C, which is a private document on rights and obligations.

2. On May 27, 2014, the Defendant: (a) filed an application for a “voluntary benefit transition loan” with the victim’s (499) credit union office in Gwangju-gu, Gwangju-gu; (b) issued a forged rental agreement as if it was a document that was duly formed to the employees of the victim; and (c) made a false statement as if it would have repaid the loan normally; and (d) received KRW 1,200,000 from the victim as a loan on the same day.

However, in fact, as in the above paragraph (1), the lease contract that was delivered to the victim was forged by the defendant himself, and the lease was made on the condition of paying only rent without paying the deposit to C, and the defendant was accumulated in financial institutions, etc. at the time, and from June 2013, the defendant suffered economic difficulties due to the company's business depression operated by the defendant from around June 2013, as well as from the plan to repay the loan that was delivered by the victim with the loan that was delivered by the victim after the gambling of million won, and thus, he/she is willing or ability to repay the loan as promised to the victim.