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(영문) 서울남부지방법원 2014.07.17 2013고단1300

사기등

Text

A defendant shall be punished by imprisonment for not more than ten 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 January 28, 201, the Defendant: (a) filed an application for a loan in the name of the wife at the office of Seoul, Gangnam-gu Seoul, Seoul, under the name of D office No. 301, to transfer the deposit to E; (b) a written assignment contract in the name of D stating that the deposit will be transferred to E; (c) a notification of the transfer of the said claim to F; and (d) a written loan transaction contract in the name of D receiving a loan of KRW 55 million from C; and (d) a seal imprint affixed thereon.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the credit transfer contract, notification, and loan transaction contract in the name of D, which is a private document concerning rights and obligations without authority, and used it as if it was a document which was duly formed to the employees of the above company.

2. In the above date, time, and place, when the Defendant applied for a loan to the victim C, the Defendant: (a) did not have obtained a loan under the name of D, or (b) obtained a permit from D to transfer the claim for the repayment of deposit on a deposit basis to the victim as a collateral title; (c) did so as if he/she was delegated with legitimate authority; (d) by deceiving the employees of the victim, the Defendant issued a forged assignment contract, notice, and loan transaction contract, as prescribed in paragraph (1), and obtained a remittance from the victim to the account in the name of D around January 31, 2011.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Examination protocol of police suspect regarding D;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 231, 234, 231, and 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;