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(영문) 의정부지방법원 2016.12.09 2016고단4145

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Seized evidence 3, 6, or 7 shall be confiscated.

Reasons

Punishment of the crime

1. The criminal defendant concealed his/her main name and was employed in E-Sa, which is located in D at the time of his/her government, and was on duty in his/her home. On July 2016, E-Sari or business owner demanded that E-Sari or business owner state his/her identity as a witness to an investigation agency as of his/her witness. Since he/she had been able to take away from the government of his/her country, and the defendant was unable to take the part in his/her monthly wage that he/she received, he/she did not have any intent or ability to pay his/her income even if he/she borrows money or purchases goods on credit with another person.

Nevertheless, around July 13, 2016, the Defendant made a false statement that, in the above E-Ba on July 13, 2016, the Defendant’s principal name was “C”, and continued to engage in the act as if he would work in E-Ba, and that, “if he/she lends money to move in in an apartment from Yongsansan, he/she would make a full payment by September 7, 2016.”

However, as above, the defendant was hiding his status by using a false name, he was thought of his intention to leave the government, and even if he borrowed money, he did not have any intention or ability to repay.

Nevertheless, the Defendant, as seen above, received a total of KRW 11,125,000 from September 3, 2016, including that he/she received KRW 2,00,000 from the above victim, from that time by September 3, 2016.

2. Forgery of private documents, uttering of falsified private documents, or unlawful uttering of public documents;

A. On April 23, 2013, the Defendant entered “H” in the name column, “I” in the resident number column, and “I” in the applicant column, without authority, in the form of an application for transaction at the Busan Agricultural Branch located in Seocheon-ro, Seocheon-si, Seocheon-si with the aim of exercising its authority, and entered “H” in the applicant column, with the official seal affixed in advance, and affixed one copy of the application for transaction in the name of H, a private document on rights and obligations.