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(영문) 의정부지방법원 2014.10.22 2014고단2454

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2010, the Defendant forged private document: (a) indicated “C” in the column for the limit on loans under the loan transaction agreement, which is kept in the office of Annb Capital (ju) in Gangnam-gu Seoul, Seoul, as “C” and “30 million won” in the column for the loan amount; and (b) signed C next to that column.

Accordingly, for the purpose of uttering, the Defendant forged a loan transaction agreement in the name of C, a private document on rights and obligations.

2. The Defendant used the forged loan transaction contract to the employees of the above lending company on the above date and at the above location, who knew of the forgery, as if it were the document duly formed.

3. The Defendant was transferred KRW 30 million to the national bank account in the name of C on the same day from an employee in the name of the victim Annbath loan company, who was affiliated with the Defendant, on the same day and at the above date and at the above place, one of the forged loan contract under one as above, and was committed as if he were said C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing filing of a complaint, loan transaction contract, account transaction details, and the Seoul Southern Site Act;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., confession of a criminal conduct, payment of substantial interest and partial principal for a period exceeding three years since loan, and living without any criminal records for 20 years since 1995, etc.);

1. Social service order under Article 62-2 of the Criminal Act;