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(영문) 춘천지방법원 2013.07.25 2013고단212

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On December 11, 2008, the Defendant was sentenced to imprisonment with prison labor for one year with prison labor for the crime of forging securities, etc. at the Chuncheon District Court, and the said judgment has become final and conclusive on the 19th of the same month.

1. From February 2002, the Defendant: (a) borrowed or borrowed approximately KRW 3 billion from financial institutions and their relatives, etc. in the course of operating C Co., Ltd. from around February 2002; and (b) started to operate E with E Co., Ltd. along with E-dong D on April 2004, but also was out of the shortage of funds due to business deterioration; (c) thus, the Defendant did not have any intent or ability to repay the money even after borrowing it from the victim F.

Around March 22, 2006, the Defendant borrowed money from the public service center of Chuncheon City, the center of the public service center of the public service of the public service of the public service of the public service of the public service center of the public service of the public agency of Chuncheon, stating that “the Defendant borrowed money from the funds needed for the operation of the company,” and that money was wired from the victim to the bank account in the name of C

B. On March 31, 2006, the Defendant, at the E office located in Gangnam-gu Seoul Metropolitan Government, delivered to the victim a promissory note with a face value of 38 million won which is forged by a person whose name is unknown (CSA, CSA, and Promissory Notes No. H) with knowledge of the forgery, and fraudulently stated, “The Defendant shall lend KRW 25 million to the victim as security.” The Defendant borrowed the said promissory note with KRW 10 million as well as KRW 10 million until June 30, 2006, she acquired the money by remitting KRW 20,340,000,000 after deducting the interest of the advance from the victim to the deposit account in the name of the C Co., Ltd. on the same day.

C. On April 7, 2006, the Defendant called the victim’s phone at a place where the location is unknown, stating that “The Defendant would lend KRW 10 million to the Defendant, if it is necessary to cancel the right to collateral security established on the real estate purchased by the C Co., Ltd., with the loan of KRW 10 million, it shall be paid to the Defendant,” and that it shall be KRW 10 million from the victim to the agricultural bank account in the name of I on the same day