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(영문) 서울북부지방법원 2015.01.08 2014고단3454

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant and E are married married couple in around 2002, and from October 2, 2013, a divorce lawsuit is pending in the Seoul Family Court.

On October 17, 2013, at a point of response of the Korean bank located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant stated that E’s personal information is indicated in the delegation column of the power of attorney, the Defendant’s personal information in the delegation column, and the Defendant’s personal information in the delegation column, and “a delegation of all acts regarding the termination of deposit” in the delegation column without authority, and affixed E’s seal imprint in advance on the deposit termination column, and continuously affixed E’s name to the applicant column of the deposit termination slip kept therein and affixed the above seal imprint.

The defendant presented the letter of delegation and the letter of deposit as if the defendant had been duly formed to an employee in the name of the Korean bank of the victim who is aware of such fact without delay, and requested withdrawal of the national periodical deposit in E, and it received 100 million won from the victim bank through the above employee.

Accordingly, for the purpose of exercising authority, the Defendant forged each letter of delegation in the name of E, a private document on rights and obligations without authority and forged each letter of deposit, and acquired deposits 10 million won from the victim bank by exercising each of them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (verification of details of issuance of certificates of seal imprint);

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

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

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. The details of the instant crime under Article 62(1) of the Criminal Act, and the amount of damage caused by the Defendant and the victim, among the litigation for divorce, shall be settled;