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(영문) 광주지방법원 2013.07.26 2013고단1955

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant served as an employee in Seo-gu, Gwangju, operated by the victim C, and F is the defendant's friendship, and G is the F's wife.

The defendant, around December 201, could receive money from the victim-friendly F, with whom he/she is running a bond business and can receive money, through F, he/she proposed that he/she will be paid KRW 180,000,000 to the victim's H and I's claim for KRW 180,000 and interest KRW 5,40,000,000 to the victim, and then he/she did not have the right to use the agricultural bank account under the name of G in order to introduce the money to the victim and collect the claim.

On April 27, 2012, the Defendant listened to telephone conversations that the victim was to receive the principal and interest KRW 185,400,000 from the debtor I to the agricultural bank account in the name of G, and lost the passbook to F. In this context, the Defendant was able to arbitrarily withdraw and use the said money by using the new passbook issued by making a false statement.

1. On April 27, 2012, the Defendant forged private documents: (a) reported the loss of the passbook in custody of the victim on April 30, 2012; and (b) received the password from G upon F’s request, by making a false statement to F that “if the victim loses a passbook, it would be changed to re-issuance of the passbook; and (c) reported the loss of the passbook in custody of the victim on April 30, 2012; and (d) received the password from G upon F’s request.

On April 30, 2012, around 14:16:18, the Defendant confirmed the fact that the victim received KRW 185,400,000 from the Faagu branch located in the Young-gu Seoul Mine-gu from I for the repayment of debt from I, and then entered “20,000,000,000 won” and “G” in the form of the withdrawn money in the form of the paper using a certified color pen in the counter of the NA for the purpose of acquiring the deposit at around 14:29 on the same day, and affix a prior seal to the name of G on the name, and the same day at around 14:54 on the same day.