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(영문) 인천지방법원 2014.02.10 2013고단3514

사기등

Text

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

However, as to the defendants, each of the above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a member of the F church in the Nam-gu Incheon Metropolitan City E, and Defendant B is a person who is the believers of the above church.

Defendant

A, the mother of G, who is another believers of the above church, has received a resident registration certificate, etc. of a woman from H by stating that “I will have the child find as a registered security guard of a national bank. If you want to guarantee, the mother will send a resident registration certificate, a certificate of personal seal impression, and a certificate of personal seal impression needed therefor.”

As such, the Defendants opened an account with the agricultural cooperative under H’s name using the crypation of those holding the H’s resident registration certificate, etc., and conspired to use the credit card issued under H’s name.

1. Opening an agricultural bank account;

A. On January 30, 2008, the Defendants: (a) stated H’s personal information in the application for the opening of the Agricultural Cooperative’s account using a pen located at the office’s monthly branch of the National Agricultural Cooperative, Nam-gu, Incheon; (b) sealed H’s seal in the column for seal imprint; and (c) stated each H’s name in the application form for the use of financial services with the intent to use the passbook delivery service and cash card; and (d) affixed H’s seal on the next page.

The Defendants, as such, forged an application form for the opening of the Agricultural Cooperative Account, which is a private document on the rights and obligations of H’s name without authority for the purpose of exercising such rights and obligations.

B. The Defendants engaged in the uttering of the above investigation document in collusion, and at the same time, at the same place as in the preceding paragraph, delivered the forged application for opening an account in the name of H, to the employees of the said Nonghyup, who were aware of the forgery, as if they were duly formed.

2. A new card-related crime;

A. On January 31, 2008, the Defendants forged private documents, stating the name of H in the applicant column in the application for the membership of a new personal card with the mix-type pen in the lot department store located in the Nam-gu, Incheon Metropolitan City.