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(영문) 수원지방법원 성남지원 2016.05.10 2015고단2524
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 25, 2014, the Defendant entered “E”, “D (F)”, “G”, “H (I)”, and “H (I)” and “amount column in the bank account column, using a list of withdrawal slips signed by D’s employees, which had been prepared in advance at the border point of a corporate bank located in Gwangju-si, Gwangju-si, Gwangju-si, on the account number column of the withdrawal.

Accordingly, for the purpose of uttering, the Defendant forged a chapter 1 of the withdrawal slips in the name of private document D, which is a private document related to rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, exercised the aforementioned investigation document as if it were a document duly formed, using the forged pre-delivery table to a bank employee who was unaware of such forgery.

3. The Defendant, at the time and place specified in paragraph 1, was in custody by the head of the title of the withdrawal that was forged and the Defendant had kept.

D In presenting a passbook (Account Number: E) in the name of a corporate bank, the defendant had a legitimate authority to withdraw a deposit from the bank account under the name of D, and deceiving the employees of the bank account under the name of D.

The Defendant, in its name, had an employee of the above bank transfer KRW 95 million to a corporate bank account (Account Number: G) in the name of H (I, which is owned by the victim corporate bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Protocols of examination of the witness to J;

1. A copy of the standard contract for construction works, the IBK entry and withdrawal slips, the details of deposits and withdrawals from each account, and the details of transactions of each passbook;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69(2)1.

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