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(영문) 서울남부지방법원 2013.08.21 2013고단1474

사문서위조등

Text

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

Reasons

Punishment of the crime

1. On December 26, 2012, with respect to the victim C, the Defendant forged a private document, uttering of a falsified investigation document, and fraud, at the E Licensed Real Estate Agent Office where the Defendant in Geumcheon-gu Seoul Metropolitan Government D was working on December 26, 2012, the Defendant made a false statement to the victim C that “A person who is aF engaged in urban gas pipeline equipment business among his/her visitors is required to purchase the materials.” On January 9, 2013, the Defendant paid KRW 14 million with interest plus KRW 3 million on January 9, 2013. If the said person fails to pay the money within the fixed period, he/she decided to establish a collateral security right on his/her own building.”

However, the fact was not to lend money from the victim to the F, but to use it for personal purposes such as repayment of the defendant's personal debt.

On December 26, 2012, the Defendant requested the victim to send the certificate of borrowing and the certificate of personal seal impression, and on December 26, 2012, at the above E Licensed Real Estate Agent Office, the Defendant promised to borrow the loan from the nameless person to the nameless one million won per day, but the loan is not possible by January 9, 2013. On December 26, 2012: F and resident number: H and resident number: Seoul: H: (i) the Defendant stated “A: number of residents: I and address: 301 of Guro-gu; and (ii) made the Defendant’s seal affixed to the Defendant’s handful hand back to the name of the F, and affixed the Defendant’s seal affixed to A.

Accordingly, for the purpose of uttering, the Defendant, without authority, forged a letter of loan in the name of F, a private document concerning rights and obligations, and exercises the above private document forged by transmitting the above loan certificate to the victim by facsimile on the same day, and received 11 million won from the victim to the agricultural bank account in the name of the Defendant.

2. Forgery of private documents dated January 12, 2013 against the victim C,