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(영문) 인천지방법원 2012.05.18 2012고정1320

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around September 29, 2011, the Defendant forged private document: (a) stated “G” in the column of the claimant’s address in the form of request for deposit withdrawal and recovery in the D real estate office operated by the Defendant in the Nam-gu Incheon Metropolitan City, with the verification-type pen; and (b) stated “G” and “G” in the resident registration number column.

Accordingly, for the purpose of uttering, the Defendant forged a letter of request for withdrawal or withdrawal in the name of G, which is a private document on rights and obligations.

2. Around October 4, 2011, the Defendant: (a) issued a written request for withdrawal and recovery of forged money to the deposit officer H in the deposit account of the Suwon District Court located at the source of Young-gu, Suwon-si; and (b) exercised the said request as if it were a document duly formed.

3. The defrauded, at the same date and time as in paragraph 2, and at the same place as above, presented to H a power of delegation that G voluntarily prepared by the Defendant for withdrawal and recovery of forged deposits and that G delegate the power to withdraw deposited money to H, and deceiving the Defendant as if the Defendant had a legitimate right to recover deposited money on behalf of G, thereby deceiving him/her as if he/she had a legitimate right to recover the deposited money, and defrauded him/her from H.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;