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(영문) 서울중앙지방법원 2016.11.16 2016고단4408

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In order to prepare expenses for opening entertainment tavern business, the defendant prepared a loan certificate under the above C name without the prior consent of the wife C to borrow money.

Around 13:00 on July 18, 2013, the Defendant forged private documents: (a) at the liquor distribution office (oil) operated by E in the Seocho-gu Seoul Metropolitan Government D Building 401; (b) at the liquor distribution office, the said E made the name “C” in the loan certificate form; (c) the address “Seoul apartment 1111 Dong 701; (d) Gyeonggi-do, G apartment 111; (c) gold KRW 100,000,000; and (e) on July 18, 2013, the Defendant confirmed the borrowing of the above money from F to the effect that the real estate registration was completed; and (c) made the completion date of the preparation of the loan certificate form; and (d) sealed the above C’s prior seal affixed to the name of the said C.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of loan under C, which is a private document related to a certificate of fact.

B. The Defendant’s uttering of the above investigation document

At the same time, at the same place as the Paragraph, the above forged loan certificate was presented to the above E as if it was duly formed.

C. The Defendant’s fraud is above.

In the same time and place as set forth in paragraph (1), the victim E made a false statement that the said victim E “I would create a right to collateral security (right to collateral security (right to collateral security) at 1111 dong 701, as a security to lend money to 100 million won.”

However, in fact, the defendant did not obtain the above C's permission, which is the owner of the above real estate, and did not have the intent or ability to establish the right to collateral security on the above apartment, and did not have any intention or ability to repay the above loan with no particular property or profit.

The defendant deceivings the victim as such, and is a national bank account of the defendant 10 million won under the pretext of borrowing from the victim.