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(영문) 대구지방법원 2016.09.29 2016고단2075

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was living together with the victim B's mother C.

1. On October 23, 2013, the Defendant: (a) entered “B”, “D”, and “D and B” in the name of the credit transaction agreement without authority to exercise the said private document within the savings bank located in the Dongcheon-dong, Busan; (b) forged one copy of the credit transaction agreement in the name of “B”, “B” in the resident registration number column, and “D and B”; and (c) submitted a forged credit transaction agreement to an employee in charge of the said transaction agreement on the same day.

2. Fraud;

A. The Defendant: (a) was in possession of the modern card owned by B without B’s consent; (b) was willing to obtain a credit card loan without the consent of B; and (c) called on June 12, 2013 by the representative telephone of the Hyundai Card loaner who was damaged at the remote location, and applied for a loan of KRW 2,100,000,000 to loan and received the said loan to the Agricultural Cooperative Account in the name of B; and (d) was remitted on June 28, 2013; and (e) acquired the money in total of KRW 18,20,000,000,000,000,000 won on November 1, 2013.

B. The Defendant, at the time, at the time, and at the place specified in the above paragraph 1, by deceiving the Victim’s Savings Bank by the above methods, received KRW 5 million from the victim to the said Agricultural Bank account as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (the mother C and telephone conversations of the complainant) and investigation report (the submission of the details of bankbooks which are the complainants);

1. Application of Acts and subordinate statutes to a financial transaction certificate, a credit transaction agreement, and a savings bank;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act (the point of fraud), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] general fraud.