beta
(영문) 대구지방법원 2017.10.26 2017고단3294

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On March 31, 2017, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on April 8, 2017.

[2] The Defendant, upon the request of C to inquire about the bonds, borrowed a certificate of seal impression, seal impression, identification card, etc. under the name of C and borrowed money for the Defendant’s use, and did not have been delegated until the authority to prepare a loan certificate under the name of C and offer it as security. However, the Defendant, without the permission of C, prepared a loan certificate under the name of C with the possession of the above documents, and had the intent to borrow money from D as security.

1. On May 4, 2016, the Defendant: (a) borrowed money from D in an influent restaurant located in the Nam-gu, Daegu-gu, Daegu-dong; (b) made the said D, without authority, enter “C” and “C” in the loan certificate column; (c) forged a copy of the loan certificate issued in the name of the said C, a private document with respect to the rights and obligations by affixing the head of the said C’s seal impression on the next page.

2. The Defendant, at the time and place specified in paragraph 1, exercised the aforementioned investigation document as if it were a document duly formed with a forged loan certificate, as described in paragraph 1, to the said D, who was aware of the forgery.

3. The defrauded presented the documents, such as the date and time as stated in paragraph 1, at the place of entry in paragraph 1, as stated in paragraph 1, to the victim D, 4,500,000 won, which is calculated by deducting the interest on the loan from the damaged person under the name of the Defendant’s name, by falsely stating that “The Defendant borrowed 5,00,000 won as security for the loan.”

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;