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(영문) 수원지방법원 성남지원 2014.05.15 2014고단230

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On February 27, 2013, the Defendant forged a private document: (a) on the part of the NH Capital Capital Capital Capital, located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) on the part of the Defendant, the Defendant entered B’s personal information, such as the name and resident registration number, in the personal information column of the applicant for the credit loan kept there in his/her name and forged a copy of the application for the credit loan under the name of the applicant for the loan; (b) entered “one hundred million won” in the amount column for the loan application and “B” in the applicant column; and (c) signed B in the name next to the name.

2. The Defendant at the time, place, etc. set forth in paragraph 1, submitted an application for credit loan of the forged name B to the NH Capital employee who is not aware of such fact, and exercised it as if it were duly formed.

3. The Defendant, at the time and place stated in paragraph (1), submitted the application for credit loan from the above forged B name as if it was duly formed, and then acquired credit loans of KRW 20 million from the victim NH Capital Capital to the account in the name of B managed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of a copy of an application for credit loan;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of punishment for the crime

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 (see, e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the case where the defendant forged an application for a credit loan under the name of another person for the purpose of obtaining a credit loan and acquired the credit loan from the victim by using it, and is the forgery of private documents.