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(영문) 인천지방법원 2015.05.08 2014고단8418

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

Punishment of the crime

On July 2010, the Defendant listened to the speech that “The Defendant would allow agricultural cooperatives to get a loan for enjoying the sunlight” from a name-free person who came to know through the Internet, and submitted a forged document to the Agricultural Cooperatives, thereby having the name-free person receive the loan.

1. Around August 6, 2010, the Defendant presented one copy of a post office passbook (Account No. B) to the Defendant under the name of the Minister of Knowledge Economy, which is an official document forged by an influence in the name of the person who was unable to receive a false name at the office of the Influence Seoul Special Metropolitan City, Seocheon-gu Office No. 937-15 original building 1015 original building, to the employee in charge of the loan of the said agricultural cooperative, and exercised it.

2. The defrauded, on August 6, 2010, received KRW 4 million from the victim to the Agricultural Cooperative (C) account in the name of the Defendant in the name of the Defendant, and at the same time and place, to obtain the sunlight loan, and submitted a forged post office passbook and false certificate of employment to the employees in charge of loan of the victim agricultural cooperative, thereby deceiving the victim as if he received certain benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 229 of the Criminal Act, Article 225 of the Criminal Act, and Article 347 (1) of the Criminal Act (the occupation of fraud and the choice of imprisonment) concerning 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The case of committing a fraud in litigation by seriously poor the number of offenses (one to two years and six months) in the aggravated area (one to two years) of category 1 (less than KRW 100,00) by general fraud on the sentencing criteria, or by deceiving the court in the judicial proceedings;

2. The fact that the Defendant recognized the instant crime and reflected the sentence, and that it is the first offender, is advantageous.