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(영문) 서울서부지방법원 2016.02.18 2015고단2197

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

[Criminal record] On November 17, 2011, the Defendant was sentenced to imprisonment with prison labor for aiding and abetting fraud at the Seoul Central District Court for the crime of aiding and abetting fraud, etc., and on March 10, 2012, the Seoul Detention Center completed the enforcement of the sentence.

[2] The Defendant: (a) took a role in obtaining another person’s corporate business registration certificate necessary for the opening of a passbook and the opening of a mobile phone from “Yeungpo Business Operators”; (b) E (which is pending in the appellate trial after being sentenced to imprisonment with labor on May 15, 2015 and being sentenced to imprisonment with labor on January 21, 2016) takes a role in employing a person or preparing power of attorney by using documents in operating an office; (c) F, G, and H (each suspension of indictment on May 15, 2015) takes a role in opening a passbook and cell phone, cell phone, and Internet opening respectively; and (d) sells it after opening the passbook, cell phone, etc. in the name of another person.

1. On May 8, 2012, the Defendant forged a private document and exercising the aforesaid investigation document: (a) on the part of the E office located in Songpa-gu Seoul Metropolitan Government building No. 208, the corporate business operator registration certificate under the name of the Defendant, the corporate registry, the certified copy of the register, the certificate of personal seal impression, and the certificate of personal seal impression brought by the Defendant to E; (b) on the same day, E used it in the above office to write “K representative L” and “the above person receiving the document” into “F” and printed it to “the delegating” column, and (c) affixed the seal impression on the side of “the delegating” column.

E state the forged power of attorney as above to F, and F state its seal at the point below the KB National Bank Samsung C&C located in Samsungdong, Gangnam-gu, Seoul around May 8, 2012, the applicant for a new transaction at that point entered “K” column, and then forged as above to the employees of the KB National Bank who knew of such forgery.