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(영문) 대구지방법원 포항지원 2012.12.11 2012고단15
사기등
Text

The crime No. 1, 2, and 3 of the crime table 1, 2, and 3 in the judgment of the defendant, among the crimes No. 2 of the judgment of the defendant, shall be punished by imprisonment for two months.

Reasons

Punishment of the crime

On October 14, 2010, the Defendant was sentenced to a suspended sentence of six months and a fine of two million won for a crime of fraud and gambling in the Daegu District Court Port Branch. On October 14, 201, the said judgment became final and conclusive on the 22th of the same month.

1. Around October 16, 2010, the Defendant made a false statement to the victim C, “In order to obtain a loan of KRW 3 million as a type D requires urgent money,” to the victim C at the Nam-gu Songdo-dong, Nam-gu, Chungcheongnam-gu, Seoul.”

However, in fact, the defendant, who was not the defendant's punishment, was thought to use the loan, and at the time the defendant's personal liability reaches approximately KRW 200 million, and there was no intention or ability to repay the loan even if he borrowed the money with guarantee from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received necessary documents, etc. for the loan from the victim, and then around November 2, 201, received a total of KRW 3,000,000 from the lending company as a joint guarantor and received a total of KRW 19,00,000 from the Si to the September of the same month as shown in the list of crimes (1).

2. On August 5, 2010, the Defendant forged one copy of a loan contract in the name of D, which is a private document concerning rights and obligations, with the intention of exercising his/her signature at his/her own discretion on the date of the contract, after stating that “D”, “E”, “E”, “2,500,000” in the first use column, and “E” in the name of D’s name, which is a private document concerning the rights and obligations by means of a signature at will on the name of D’s name, and then, the Defendant forged a loan contract in the name of D, which is a private document concerning the rights and obligations, from around the above time to January 24, 2011, issued to the employees of the said lending company as if the contract was duly formed, and used it from around the above time to January 24, 2011.

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