사기등
Of the facts charged in the instant case, the punishment on the forgery of private documents and the uttering of private documents shall be exempted.
In this case.
Punishment of the crime
On May 25, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for two years for fraud, etc. in the Busan District Court's Dong Branch branch branch on November 26, 2016, and the judgment was finalized on January 19, 2017, which was sentenced to three years of suspension of the execution of imprisonment with prison labor for one year for fraud in the Busan District Court's Dong branch branch, and the judgment became final and conclusive on January 27, 2017.
【Criminal Facts】
On June 19, 2014, the Defendant borrowed KRW 30 million from B, using the certificate of the personal seal impression that he/she received a request from B to prepare a loan certificate from B, who is the creditor, and used it to arbitrarily prepare a loan certificate with the content that C guarantees it.
1. On June 2014, the Defendant: (a) stated “A and D” at the bottom of the certificate of borrowing that the Defendant borrowed KRW 30 million from a blank with an black pen on the blank location; and (b) signed at will on the name of C.
Accordingly, for the purpose of exercising, the Defendant forged a letter of loan that C, a private document on rights and obligations, entered as a surety.
2. On June 19, 2014, the Defendant exercised a loan certificate prepared by the Private School Pension Foundation building located in the Gu-gu Busan, Jin-gu, Busan, as stated in the foregoing paragraph (1), to B, as if the loan certificate was duly formed.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (to telephone conversations for reference C);
1. Loan certificates, certificates of personal seal impression, certified copy of resident registration cards, and details of financial transactions;
1. Previous convictions in judgment: Criminal records, investigation reports (related to suspect A criminal records), and application of respective statutes of judgment;
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, and Articles 234 and 231 of the Criminal Act (the occupation of uttering of falsified Investigation Documents) (the choice of each imprisonment with prison labor);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Exemption from punishment;