사기등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged in the instant case was: (a) from around December 25, 2016 to around December 25, 2016, the Defendant was receiving the F head of the Tong and the seal impression of the head of the Tong upon request from D to transfer the borrowed amount of KRW 5 million from D around March 9, 2017.
On March 9, 2017, at least 11:51, the Defendant forged private documents, with black fences used in the paper’s account number column for the purpose of uttering by I located in H, Busan, the Defendant entered “G”, “Y, “Y million won”, and “D” in the name column in the paper’s account number column with the purpose of uttering at H, and entered “J”, “E”, “E,” and “K” in the account number column in the face number column in the case of transfer to another account.
In this respect, the defendant made a deposit payment request against D's will and forged a written request for deposit payment in the name of D, which is a private document on rights and duties.
B. The Defendant, at the time and place above, submitted a forged request for payment of deposits to employees under the above I’s name in cash, as if they were a document duly prepared, and received KRW 18 million in cash, in addition to the aforementioned I’s remittance from employees under the name of the above I’s name, who believed that the said request for payment of deposits was duly duly duly formed.
Accordingly, the defendant exercised the above investigation document and received property by deceiving the above employees.
2. Determination:
A. The key issue of the instant case is whether the Defendant’s withdrawal of KRW 18 million from the passbook in the name of the deceased (hereinafter “the deceased”) was made without delegation by the deceased.
B. The Defendant withdrawn the above money not later than five days before the deceased died, and the withdrawn amount also.