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(영문) 서울남부지방법원 2016.09.21 2016고단949
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On the other hand, the Defendant created a collateral security by forging and using a proxy form in the name of the victim, a loan transaction agreement, a contract for the establishment of a collateral security, etc. in the name of the victim, and conspired with D to obtain a loan from a new bank, or to obtain a loan from a finer Piner Co., Ltd. with goods by finite.

1. Fraud of a new bank loan;

A. 1) On January 2014, the Defendant, in collusion with D, prepared a power of attorney to the effect that “all powers concerning the opening of a bank account” in the F department store at the 2nd coffee shop located in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 2014, was held as above by the delegating C’s name.

C’s seal imprint, and “application for a loan of KRW 100 million” shall be drawn up with a new bank loan consultation application and a loan transaction agreement and a new bank mortgage creation agreement stating that “a loan of KRW 100 million shall be set up for the loan of KRW 100 million to G apartment of KRW 102,000,000 for the loan of KRW 100,000,000,000 for the loan of KRW 100,000,000 for the loan of KRW 305,00,000,00

For the purpose of exercising C’s seal, each of the delegations of delegation, application for loan consultation, loan transaction agreement, and mortgage establishment agreement in the name of C, which are private documents related to rights and obligations, was stipulated respectively.

2) On January 22, 2014, the Defendant, in collusion with D, opened a new bank account in the name of C at a new bank located in Gwangju metropolitan area, and had arbitrarily stored in the column for seal imprint in the bank transaction application form.

For the purpose of exercising C’s seal, a copy of a bank transaction application in the name of C, which is a private document on rights and obligations, was forged.

B. In collusion with D, the Defendant at the time of the instant investigation document is not aware of the fact in the new bank located in Gwangju metropolitan area around January 22, 2014.

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