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(영문) 광주지방법원 순천지원 2014.11.18 2014고단1665

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 21, 2010, the Defendant received a request from the victim D to recover his/her claim against the same child, and filed an application for voluntary auction of the above E land. After which, in order to prevent the auction of the above land, E deposited KRW 152,419,019 with the victim as the deposited person at the Busan District Court's net support and deposited KRW 152,419,019 to prevent the auction of the above land.

On August 2010, the Defendant received a resident registration certificate, a seal imprint, a certificate of personal seal impression, etc. from the victim by stating that the victim would have agreed on the damage of the victim at the time.

1. On September 1, 2010, in order to open the accounts under the name of D at the YF branch of the YF, the Defendant: (a) stated in the deposit transaction application form “D”; (b) “F” in the name column, “F” in the resident registration number column, “H” in the mobile phone column, and “D” in the applicant column; and (c) affix a seal of D which was kept in advance following D’s name.

Accordingly, for the purpose of uttering, the Defendant forged an application form for deposit transaction in the name of D, which is a private document on rights and obligations.

2. The Defendant at the time, place, and place specified in paragraph (1) above, submitted an application for false deposit transaction as if it were duly formed to an employee of the said Nonghyup who was aware of such forgery.

Accordingly, the defendant exercised a forged private document.

3. Around September 2, 2010, the fraud accused submitted a victim’s certificate of personal seal impression, etc. as if he/she claimed a deposit with the consent of the victim D at the J-Certified Judicial Scriveners Office I located in Ycheon-si, and had the above certified judicial scrivener office, who is unaware of such circumstance, claim a withdrawal of deposit against the victim from the Gwangju District Court.