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(영문) 서울북부지방법원 2018.01.19 2016고단3051
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of two years on April 1, 201 at the Seoul Northern District Court on the part of his/her imprisonment with prison labor for a six-month period, and the said judgment became final and conclusive on April 9, 2011.

[Criminal facts]

1. The Defendant, from February 2, 2009 to April 5, 2009, used D’s credit card as C’s wife, obtained approximately KRW 54,430,00 from the above D’s cash loan, and failed to repay it, thereby receiving a demand for repayment of the obligation from C. Thus, the Defendant was able to exercise a promissory note forged in another’s name in order to avoid the demand for payment of the obligation.

A. On May 25, 2009, the Defendant who forged securities: “C”, “31,00,000, 300,000, 300,000,” “5, 209 on the issue date column”; “F”, “F on June 11, 2009,” “Seoul Songpa-gu Seoul Special Metropolitan City and the address column” and “F”, respectively, written in the column of the place of payment in the column of Seoul, the “Seoul E Apartment-gu Seoul, 105/1701,” and “F”, respectively.

The F’s seal affixed to the F’s name.

Accordingly, the Defendant forged a promissory note in the name of F, which is a securities.

B. The Defendant, who exercised securities, issued forged promissory notes to C at the same time, and at the same place as the above “A”, and exercised them as if they were genuinely prepared.

(c)

The Defendant provided the victim C with forged promissory notes as security at the same date, time, and place as the foregoing “B paragraph” and paid KRW 31,00,000,000, June 11, 2009, which is the payment date of the said promissory notes, to the victim C.

On June 11, 2009, the said promissory note was acquired from the said injured party who believed the said promissory note as a normal promissory note, for the pecuniary benefits of delayed repayment of the obligation.

2. The Defendant with respect to the F is granting a loan to F on June 2009.

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