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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[2016 Highest 5179]
1. Forging a private document or uttering of a falsified investigation document;
A. On December 9, 2014, the Defendant signed the loan limit amount to KRW 3,00,00 in the loan transaction agreement that he/she received by facsimile from the Bank of Korea in Gwangju-dong-gu, Gwangju-gu, stating that the loan limit amount to the loan transaction agreement was “3,00,000 won,” the date of the contract was “ December 9, 2014,” “C”, “C’s resident registration number, and customer name was “D” and signed next to that name.
Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the loan transaction agreement in the name of D, which is a private document concerning rights and obligations, and at that time sent it to the Dispute Resolution Co., Ltd. by facsimile.
B. On December 15, 2014, at the same place, the Defendant entered the loan limit amount of KRW 3,00,000 in the loan transaction agreement received by facsimile from the credit service company, “3,00,000 won”, “3,00,000 won”, “15, 2014,” “the contract date”, “C December 15, 2017,” “C”, “C”, and “D”, with the name of the customer.
Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the loan transaction agreement in the name of D, which is a private document related to rights and obligations, and at that time sent it to the bank for the settlement of social loans and exercised it by facsimile.
(c)
On December 18, 2014, at a place where the Defendant entered into a loan agreement with the Si/Gun/Gu credit business company by facsimile from the Si/Gun/Gu credit business company, stating that the date of the contract is “the date of December 18, 2014”, “the expiration date”, “3,00,000 won”, “3,00,000 won”, “the date of receipt”, and “D” and signed thereon.
Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the monetary consumption loan contract in the name of D, which is a private document concerning rights and obligations, and at that time sent it to the company in charge of the loan and loan by facsimile.
2. Fraud;
A. The Defendant, like Paragraph 1-A, induces the victim Love Loan Resolution Co., Ltd. in the same manner as Paragraph 1-A, and is named as D on the same day.