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(영문) 창원지방법원 2021.02.17 2020고단1047
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 18, 2014, the Defendant forged a letter of credit transaction in the name of D, a private document related to rights and obligations, for the purpose of exercising D’s signature and resident registration number on September 18, 2014, with the examination of the Defendant’s house located in Kimhae-si B, the Defendant forged a letter of credit transaction in the name of D in total nine times from March 17, 2014 to November 16, 2017, as shown in the attached list of crimes in the column of credit limit.

2. On September 18, 2014, at the Defendant’s house as indicated in paragraph (1) around September 18, 2014, the Defendant: (a) applied for a loan under the name of D even though there was no consent or consent to receive a loan from D; (b) while applying for a loan under the name of D, the Defendant sent a forged credit transaction agreement by mail to an employee of the victim Co., Ltd. who is aware of the forged fact, as described in paragraph (1); (c) received from the damaged company to the E bank account in the name of D and acquired it by means of remittance from March 17, 2014 to November 16, 2017; (d) exercised a credit transaction agreement, etc. in the name of D, which was forged on nine occasions in total, as described in the list of crimes in the attached Table; and (e) obtained a total amount of KRW 4,46,562,562 from the damaged company.

Summary of Evidence

Each police statement of the defendant against D, each police protocol of interrogation of the suspect (including cross-examination of D)

1. The application of statutes to each credit transaction agreement, a loan transaction agreement, a loan transaction agreement, and a report on the investigation of a monetary consumption and borrowing contract (Attachment to the detailed statement of accounts of victims);

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) for criminal facts, and each of the Criminal Act.

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