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(영문) 대구지방법원 2013.09.06 2012고단8716

사기등

Text

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

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

Reasons

Criminal facts

1. On April 7, 2008, the Defendant: (a) borrowed KRW 100 million from D at the Nonghyup Dong-dong branch located in Daegu Northern-dong, Daegu-dong on April 7, 2008; (b) on the letter of delegation, the Defendant: (c) stated, “F. E.C’s agent for the obligor E.C. will have written his/her own signature on the debt amount (100 million won); (d) affixed his/her seal imprint in advance on his/her name; (c) affixed his/her seal imprint on the letter of delegation; and (d) stated “E” and “F” and “H” in the name and address column; and (d) affixed his/her seal imprint on the letter of delegation.

Accordingly, for the purpose of uttering, the Defendant forged each letter of delegation and each letter of loan in the name of E, a private document on rights and obligations.

2. The Defendant borrowed KRW 100 million from D at the above date, time, and place, and submitted to D a forged power of attorney and a borrowed certificate as if they were duly formed, each of them was held.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of this part of the facts charged is that the defendant takes money from the victim under his/her name by forging a letter of delegation, a certificate of personal seal impression, or a certificate of personal seal impression as if he/she had been duly delegated by E, as he/she had been in custody of his/her husband E, his/her husband’s employment certificate, a certificate of personal seal impression, or a certificate of loan when he/she has promoted the apartment sales agency business with the victim’