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(영문) 청주지방법원 2020.01.30 2019고단1602

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

In 2017, the Defendant was unable to repay the debt amounting to KRW 100 million due to a stock investment failure, and the Defendant was willing to obtain the loan from the lending company in the name of B by making the name-free loan b to the Defendant’s husband B and forging and submitting the loan-related documents in the name of B.

On August 24, 2017, the Defendant, at the office of Jung-gu Seoul, Jung-gu, C and D (F) Co., Ltd., Ltd., as if he was the above male and the married couple, entered the name in the column of debtor’s name in the loan transaction contract kept in that place as “B”, and then forged one copy of the loan transaction contract in the name of B, which is a private document concerning rights and obligations, and then submitted it to the lending staff, and exercises it. The Defendant received KRW 7.5 million from the victim E Co., Ltd., who believed the above name in B to be B as a loan, from November 20, 2018 until November 20, 2018, and acquired it under the name of the loan amount of KRW 15,500,000 from the nine loan companies by forging each of the loan application documents in the name of B as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Application of Acts and subordinate statutes to loan transaction contracts ( July 5, 2018), including real estate lease contracts, loan transaction contracts, loan transaction contracts, etc., loan transaction contracts, loan transaction contracts, etc. (H), loan transaction contracts, etc., loan transaction contracts, J, etc., loan transaction contracts, loan transaction contracts, etc., loan transaction agreements, L, etc., and application for M loan contracts, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (the point of fraud), Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act: