beta
(영문) 서울북부지방법원 2014.05.15 2013고단2741

사문서위조등

Text

1. Defendants shall be punished by a fine of KRW 3,000,000.

2. The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A has no certain occupation, and Defendant B had worked as a loan counselor for a lot Capital Company, and the Defendants conspired to obtain a loan in the name of Defendant A, who is difficult to apply for a loan due to Defendant A’s absence of occupation.

1. Joint crimes committed by the Defendants

A. On February 13, 2012, the Defendants conspired to forge private document forgery and made a joint signature on the customer’s basic information column “name E, address E, F apartment 108, 1802,” and “applicant E” on the applicant column by using a click pen on the paper of the application form for loan of sleep Capital from a place unclaimed paper.

As a result, the Defendants conspired to forge a letter of loan application in the name of E, which is a private document on rights and obligations for the purpose of exercising.

B. The Defendants’ uttering of the above investigation document in collusion with each other.

On the same day as the above, the employee in charge of loan of a lot Capital in Dobong-gu Seoul Metropolitan Government was issued a forged loan application as if it were genuine and exercised.

C. The Defendants conspired to commit fraud.

In the same date and time as mentioned in paragraph (1), the employee who is in charge of lending the victim spons Capital Co., Ltd. submitted a forged loan application as above, and deceiving the victim as if he applied for the loan actually by having the male who is unable to know the victim's name at the time of his telephone call as E, and then deceiving the victim as if he applied for the loan, he was issued KRW 12 million on the same month from the victim and KRW 5 million on October 23 of the same year.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Defendant B’s occupational breach of trust is a person engaged in loan recruitment business as a loan counselor of a victim’s lot capital company, and the lending consultant shall not forge or alter documents to be submitted by customers or documents related to loan in performing loan recruitment business;