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(영문) 서울서부지방법원 2014.10.14 2014고정950

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 2012, the Defendant made a false statement stating that “The victim E shall purchase 801 F building, and the amount of taxes, such as acquisition tax, is insufficient to lend 10 million won to the victim E. When borrowing money. If the Defendant borrowed money, he/she would pay the interest on the third part of the month and pay the principal by April 2013.”

However, the defendant did not have any particular income at the time, and there was no specific repayment plan, and even if he borrowed money from the victim, there was no intention or ability to repay it.

On May 22, 2012, the Defendant received from the victim the transfer of KRW 5 million from the victim to the national bank account in the name of G as a loan, and the same year.

6. 22. The victim obtained five million won from the victim and acquired it by deception.

2. The Defendant: (a) borrowed money as stated in the foregoing paragraph 1; and (b) received a request from E to prepare a loan certificate; and (c) had the custody of G and H’s seals, which are his own children; and (b) had the intent to arbitrarily prepare a loan certificate under the name of G and H.

On June 22, 2012, the Defendant stated in blank that “a straw, daily gold: 00,000,000,000 as stated above, borrowed on June 22, 2012, G, surety A, and surety H (A, borrowed to pay acquisition tax),” and sealed G and H’s seals on each name.

Accordingly, the Defendant, for the purpose of exercising rights and obligations, has forged a letter of loan in the name of G and H, which is a private document.

3. On June 22, 2012, the Defendant: (a) issued a forged G and H’s loan certificate in the Eunpyeong-gu Seoul Metropolitan Government (hereinafter “C”); (b) as if he were a document duly formed, the Defendant was issued a false document to the Dda bank located in Eunpyeong-gu, Seoul; and (c) the H’s loan certificate was not known.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The police suspect interrogation protocol against the defendant (one right of investigation record No. 31) 1.