사기등
Defendant shall be punished by a fine of KRW 3,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
The Defendant is the actual representative of “C” and the victim D are the relationship in which the Defendant was a person who lent the name of business operator to the Defendant and was a production worker in the same company.
1. On April 6, 2009, when the Defendant borrowed money to the pre-paid victim with the need for business funds, the Defendant made a false statement that he would repay the money six months after receiving the loan from the pre-paid victim.
However, the facts did not have any capacity or intention to complete the payment.
As such, the Defendant, by deceiving the victim, received 5 million won from the complainants to receive 5 million won loans from the victim's life, and obtained pecuniary profits equivalent to the same amount.
2. On February 18, 2013, the Defendant forged private documents: (a) at the office of “C” located in Seo-gu, Busan, Busan, and (b) around February 18, 2013; (c) at the office of “C” located in Seo-gu, Busan; (d) as stated in paragraph (1), the victim requested the complainant to prepare a loan certificate; (d) the victim prepared a certificate of loan equivalent to KRW 8.3 million, including value-added tax of KRW 2.5 million, which includes the unpaid amount of KRW 5 million; and (e) affixed the signature of “F”
As a result, the Defendant forged a copy of a loan certificate in the name of the debtor F, a private document on rights and obligations.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness D;
1. The loan certificate or business registration certificate;
1. Responses to requests made by personal credit information inquiry, information on banking union credit rating, public information (such as delinquency in payment of taxes), application of statutes on decisions;
1. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act and Article 231 of the Criminal Act, the choice of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is disadvantageous that the money acquired by the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act has reached KRW 50 million and has not been repaid, and that the Defendant has forged the loan certificate.