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(영문) 서울서부지방법원 2014.05.09 2013고단2377

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant introduced two persons who will be in charge of forging private documents to C, and thereafter, the Defendant forged a certificate of employment as if he were to work in the company normally with C, 2, and 3, and offered loans from the city bank using such certificate to divide the loans.

1. On September 2012, 2 of the false name boxes for forging private documents: (a) using a computer at a place where the location cannot be known; (b) the “C” in the name column; (c) the management division in the affiliated column; (d) the “department” in the position column; and (e) the “D” in the corporate name column; and (d) the “E” in the corporate name column; and (d) the “E” in the representative director column; and (e) the electronic seal prepared in advance for the certificate of employment that printed out with a printer was affixed to that name.

Accordingly, the defendant and C forged a letter of employment certificate in the name of E, a private document related to rights and obligations for the purpose of exercising.

2. On September 19, 2012, the event of the above investigation document C exercised as if it was genuine to the employees of the counter that could not know the false certificate of employment, as described in paragraph 1, at the point south of the Jinhan Bank located in 173, Songpa-gu Seoul, Songpa-gu, Seoul, at the point of lock-gu, Jink-gu, Seoul, as it was located.

3. The attempted fraud C submitted a forged employment certificate at the time, place, as described in paragraph 2, and attempted to borrow KRW 96 million from the victim’s new bank by deceiving an employee of the counter as if he/she were in office D, but the employee of the counter knew that he/she was forged documents and refused to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution (including the statement of the accused);

1. Application of Acts and subordinate statutes to the reply letter, apartment pre-sale contract, certificate of employment, and salary specifications;

1. Articles 231, 234, 352, 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. The defendant under Article 62 (1) of the Criminal Act is subject to suspended execution;