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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Criminal facts
[2018 Highest 1140] On May 17, 2010, the Defendant loaned KRW 40,000,000 to the victim B from the Changwon Law Firm Office located in Seongbuk-gu, Changwon-si, Changwon-si, Changwon-si to pay KRW 50,00,000,000, after one year, after adding interest to KRW 10,000.
“......”
However, the Defendant did not have any intent or ability to pay money to the injured party even if he received money from the injured party due to the occurrence of the enemy each month after commencing the used vehicle business from around January 2010 to around KRW 20,000,000 as a person with bad credit standing who did not have any property at the time.
However, the Defendant received from the injured party a total of KRW 40,000,000 from the injured party, namely, KRW 5,000,000 on the face of KRW 7,00 in cash, and KRW 5,00 in cash.
Accordingly, the defendant was given property by deceiving the victim.
[2018 Highest 1868]
1. The defendant who has lived with the defendant;
Around March 22, 2013, when a loan was granted from a lending stock company, which was 101,00 a.m. 222 o-h., Changwon-si, Changwon-si, on the loan transaction agreement amount, the loan amount is “10 million won per day”, “2013 022” in the contract date column, “2016 0315” in the due date column, “39.00% per year” in the loan interest rate column, and “C” in the debtor’s name, respectively, and signed thereon.
Accordingly, for the purpose of uttering, the Defendant forged a copy of a loan transaction agreement in the name of C, which is a private document on rights and obligations.
2. At the same time and place as described in paragraph 1, the Defendant sent a forged loan transaction agreement to a loan employee who is well-known emer, and exercised it by facsimile.
3. The fraud defendant is a head of a loan transaction contract and C, which is forged at the same time and place as described in paragraph 1.