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(영문) 광주지방법원 2016.07.07 2015고단4409
사기등
Text

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

Reasons

Punishment of the crime

From August 24, 2009 to October 4, 2012, the Defendant was unable to borrow approximately KRW 150 million from the victim D, who is the work partner of the Defendant husband C, from around August 24, 2009 to around October 4, 2012. However, the Defendant was unaware that the Defendant’s husband’s joint and several sureties was the joint and several sureties, with the Defendant’s husband’s payment of additional money from the victim.

1. On October 4, 2012, the Defendant forged private documents: (a) without authority for the purpose of exercising at the FINA on the Defendant’s management in Nam-gu, Nam-gu, Gwangju; (b) without authority, written each of the following: (c) “D” and its personal information in the credit column; (d) “A” and its personal information in the joint and several guarantors column; (c) in the loan column, “C” and its personal information; (d) written a letter of borrowing in the loan column; and (e) printed it on the borrowing date column; and (e) written each of the above C’s “1% (12% per annum); and (e) written each of the “A” and “A” and “C” and “C” in the name of the joint and several guarantors; and (e) printed it on the borrowing date column.

C has forged one copy of the loan certificate in the name of C, which is a private document on the rights and obligations by affixing C’s seal.

2. The event of the foregoing investigation document and the Defendant’s fraud are at the same place as from October 4, 2012, at the same time as Paragraph 1, and at the same time, the victim D would have to repay the amount of KRW 50 million up to June 30, 2013, if the Plaintiff borrowed the amount of KRW 50 million as operating expenses of a private teaching institute. The Defendant would have to pay interest at 12% per annum.

With respect to money borrowed at this time, the husband decided to stand a joint and several surety, and deliver a forged loan certificate to the victim D as if he/she knew of the forgery was duly formed as provided in paragraph 1, and then he/she was wired KRW 50 million from the damaged person to the national bank account in the name of the defendant.

However, in fact, the Defendant did not her husband C at all about her husband’s lending of money from the injured party, and the Defendant did not know about the loan certificate issued to the injured party, and at the time, the Defendant exceeded KRW 300 million due to the operation of the language driving school.

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