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(영문) 서울중앙지방법원 2017.08.11 2016고단6558

사기등

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 27, 2014, Defendant B was sentenced to a suspended sentence of two years on August 29, 2015, which was sentenced to imprisonment for a crime of fraud at the Suwon District Court members, and the said judgment became final and conclusive on August 29, 2015. On May 14, 2015, Defendant B was sentenced to a suspended sentence of one year for a breach of trust on April and the said judgment became final and conclusive on October 22, 2015. On October 7, 2015, the Seoul Southern District Court sentenced Defendant B to four months of imprisonment for a violation of the Electronic Finance Act and became final and conclusive on December 25, 2015.

[Criminal facts] Defendant B became aware of Defendant A while providing Internet loan counseling around 2013.

When the Defendants made it difficult to borrow a loan under the name of A, they would obtain the loan under the name of Dong C, and provided the nameless winners (hereinafter referred to as "D") with C's personal information, etc. to forge his/her employment certificate, health insurance qualification certificate, etc., and gathered to obtain the loan by submitting the forged document to the financial institution.

1. Forging a private document;

A. On June 2013, the Defendants prepared a certificate of employment with respect to C, including “A”, “F”, “Business Department C,” “Business Department C,” and “C” on July 3, 2013 as of the date of preparation, and affixed the official seal on the side of the name of the said company, using a dward program.

As a result, the Defendants conspired to forge the certificate of employment in the name of E, a private document on proof of facts for the purpose of exercising.

B. On June 2013, the Defendants prepared a written confirmation of acquisition and loss of health insurance qualification under the name of the president of the National Health Insurance Corporation, which read “H”, “C, G”, “workplace subscribers, workplace E (ju), and January 2, 2013 on the date of acquisition of qualifications” using a ddward program, along with the name influence.

As a result, the Defendants conspired with the name infinites, and the president of the National Health Insurance Corporation, which is a private document to prove facts for the purpose of exercising.