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(영문) 수원지방법원 안산지원 2018.04.11 2017고단1588

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 2010, the Defendant, in order to register a business operator in the name of Seo-gu Daejeon J-A-301, was willing to purchase vehicles with the issuance of a certificate of personal seal impression and a certificate of personal seal impression in the name of the victim in order to register the business operator in the name of the victim K.

On July 27, 2010, the Defendant stated “K”, the resident registration number column, and the telephone number column in “P”, “P, Q, name, and applicant column of the Daejeon Metropolitan City,” and stated “K” in the “P”, the phone number column, “P Q, name, and applicant column of one bank Q,” and the name and applicant column of “K” in the name of the applicant column.

The K's seal imprint was stamped and issued to the above N.

However, the Defendant did not have obtained consent from the injured party on the above facts, and even if the Defendant did not receive a fixed income without any specific property at the time, there was no intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the above N, entered into a loan agreement for the purchase of a high-class vehicle with a loan of KRW 30 million for the R-type car in the name of the victim, with a monthly payment of KRW 36 months, and KRW 190,750,000 for the R-type car in the name of the victim, and received delivery of the above one vehicle equivalent to KRW 30 million at the market price.

Accordingly, for the purpose of uttering, the Defendant forged an application form for modern Capital under the name of K, which is a private document on rights and obligations, and issued a forged application form for modern Capital Goods to N, an employee of M, who is aware of such fact, and exercised it as if they were actually formed, and acquired the property by deceiving the said N.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K, S, and N;

1. An application for modern Capital Goods;