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(영문) 대구지방법원 안동지원 2015.01.16 2014고단989

사기등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 8, 2012, the Defendant forged private document, at the C cafeteria operated by the Defendant in Ansan-si, B, 2012, D, using the computer, issued this money borrowed by the obligor A for the following day. The Defendant prepared “E, E, F, and F, a debtor, a joint guarantor,” and affixed a seal of E, F, which had been inscribed in advance on the name of E and F.

However, in fact, the defendant did not consent to the above debt guarantee from E and F.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the money borrowed in the name of E/F, a private document on rights and obligations.

2. The Defendant borrowed KRW 50 million from G who was aware of the forgery on the same page, and delivered the forged money tea certificate as if it were duly formed.

3. The Defendant made a false statement to the victim G at the above date, time, and place, stating that “If the Defendant lends KRW 50 million to the victim G, the principal amount of KRW 1 million per month shall be paid KRW 500,000 as interest, and her husband (E) and her husband (F) shall be a joint and several surety.”

However, the Defendant had incurred 200 million won due to the failure to invest in the futures at the time. Since the Defendant did not have obtained the permission of joint and several sureties from E and F, the Defendant did not have any intent or ability to repay the said money even if he borrowed the money.

Therefore, the Defendant received 2.5 million won in cash from the victim’s place, and received 30 million won in cash from the Nonghyup Bank (H) account in the name of the Defendant, and received 17.5 million won in total from the next day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. The application of investigation reports (in cases of attaching written requests for individual rehabilitation of suspects)-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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