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(영문) 청주지방법원 2015.06.04 2014고단1753

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed fraud, fabrication of private documents, or uttering of a falsified document with a resident registration certificate under the name of Dong C, with an intent to borrow money by forging and exercising a loan document under C’s name.

On December 21, 2009, the Defendant: (a) made a loan on December 21, 2009 with a loan of KRW 4 million under the condition that the Defendant would pay interest at 4% per month from December 21, 2009 to March 20, 2010 in the form of the loan transaction agreement; (b) made a loan under the condition that the Defendant would pay interest at 4% per annum from December 21, 2009 to March 21, 201; (c) made a signature, name, and address in the debtor column; and (d) delivered the loan transaction agreement prepared as above to the F who would be genuinely prepared the said agreement. Accordingly, the Defendant forged and exercised the loan transaction agreement in the name of C, which is a private document on rights and obligations, for the purpose of exercising the said agreement. (b) By deceiving the Defendant as above, the Defendant was accused of KRW 40 million under the name of the victim F as a loan.

B. On January 15, 2010, the Defendant: (a) on January 15, 2010, issued a loan transaction agreement in the name of C, a private document in the name of C, which is a private document in relation to rights and obligations, with a condition that the Defendant loans the land of KRW 6 million, from January 15, 2010 to April 14, 2010, in the form of the loan transaction agreement, under the condition that the Defendant pays interest of KRW 4% per month from January 15, 2010 to April 14, 2010; and (b) stated the debtor’s name, name, and address in the form of the loan transaction agreement, affixed a seal thereon; and (c) delivered the said written loan transaction agreement to F who is aware of the fact. Accordingly, the Defendant forged and exercised the loan transaction agreement in the name of C, which is a private document in relation to the rights and obligations. (b) The Defendant, as seen above, obtained the Defendant’s deception and acquired KRW 6 million

2. Unlawful events of official documents, forgery of private signature, and uttering of a false investigation or signature;