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(영문) 서울지방법원동부지원 2001. 7. 11. 선고 2001고단338,2001고단776(병합) 판결
[사기·사문서위조·위조사문서행사·업무상횡령][미간행]
Escopics

Defendant

Prosecutor

Equitable

Text

A person shall be punished by imprisonment with prison labor for 8 months and by imprisonment for 4 months with prison labor for the crimes of subparagraphs 1, 2, 4, and 5 of the judgment of the defendant.

The number of detention days prior to the rendering of a judgment shall be included in the above sentence as to the crimes specified in Articles 1, 2, 4, and 5 as of seven days.

Criminal facts

On July 10, 1997, the Defendant was sentenced to a fine of KRW 2,00,000 for fraud at the Dong Branch of the Seoul District Court (Seoul District Court). On October 4, 1997, the Defendant was sentenced to a penalty of KRW 2,00,00 for fraud, and on October 4, 1997, when operating miscellaneous points, such as a bank stream, the Defendant is obliged to pay KRW 25,00,000 for the interest of bonds each month with the debt interest at the time of operating miscellaneous points such as a bank, and even if all the things such as house and a house and a house are sold and sold with money, despite having no intention or ability to repay, the Defendant is willing to pay part of the interest, even if he borrowed money from the company interest and demand for the payment of the interest.

1. On January 5, 1997, at the office of miscellaneous unemployment (title omitted) office operated by the defendant of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, 3, 1997, the fact that the victim non-indicted 1 was the victim non-indicted 1, even though the defendant did not have the intention or ability to subscribe (title omitted) to the reconstruction of the (name omitted), he did not have the intention or ability to subscribe to the members of the reconstruction association, he would get more than one apartment house equivalent to 100,000,000 won with the shares of the head of the association from El branch Construction. The members will subscribe to the apartment house of the high-quality class to 70,000,000,000 won under the pretext of 0,000, 30,000, 14:0,000, 3:50,000, 3:50,000, 50,000, 300,05,00.

2. On May 12 of the same year, the temple "Sacheon-gu Seoul Special Metropolitan City Sacheon-gu Sacheon-gu 185, Sacheon-do, Sacheon-gu, Sacheon-gu, and the temple "Sacheon-gu, Sacheon-gu, Sacheon-do," stating that if the project fund is required to be loaned to the victim non-indicted 3 of the same lawsuit, he/she shall be repaid after one month, and he/she shall receive 7,00,000 won in cash from that person

3. On August 5, 200, the fact at the Green Doctrine, Gangdong-gu, Seoul, Hyundai department store building, which was located in Gangdong-gu, Seoul, the fact that the defendant did not have the ability to set the entire house because of the lack of housing owned by the defendant, but the defendant knew that he was aware of the victim non-indicted 2, who had engaged in external sales business at a securities company's guest, and that he want to obtain the entire house house, and he was aware that he was to purchase the house house, and he was to purchase the apartment from his female "Ik-dong, So that he did not sell the apartment house to his mother in the region, and therefore, he got the apartment to be 50,000,000,000 won for the apartment house at the 50,000,000 won for the apartment house, and it is so false that he received from his woman as a down payment at the above place around the 10:30 of the same month as above.

4.(a)For the purpose of uttering:

around April 18, 1997, at the (name omitted) vocational office located in Gangdong-gu Seoul Metropolitan Government, the Defendant’s operation (name omitted), the real estate location column of the monthly rent contract site purchased from the door-gu office using a verification-type pen, the “Seoul Gangdong-gu 3 Dong-ho (number omitted),” the “Japan million won in the monthly rent deposit column”, the “Seoul Gangdong-gu 3 Dong-ho 3 Dong-ho (number omitted), Nonindicted 4” in the lessee column, and the “Nonindicted 5, Gangdong-gu 3 Dong-ho 3 Dong-ho 5 (hereinafter omitted)” in the lessee column, and then the above Nonindicted 4’s above Nonindicted 4’s letter, which was held in advance on the right-hand side of the name of the above Nonindicted 4, signed at his own discretion, and forged one copy of the monthly rent contract in the name of the above Nonindicted 4, a private document on

B. On the 21st day of the same month, the monthly rent contract forged as above was presented to the victim non-indicted 6 (n, 42 years old) who knows that it was genuinely drawn up at the place described in the preceding paragraph; and

C. The date, time, and place mentioned in the above (b) stated in the above (b) means that if the victim did not have an ability or intent to repay the money properly even if the above victim borrowed the money from the above victim, the victim would pay the borrowed money more than 6,000,000 won by calculating the above interest on six (6) months if he/she offered the above-mentioned monthly rent contract as collateral, and then he/she shall receive 5,640,000 won after deducting 360,000 won as the borrowed money from the female on the same page; and

5. From April 1996 to July 1997, the head of Gangdong-gu Seoul Metropolitan Government 3 Dong-ho (Name omitted) Dong-dong (Name omitted) Housing Association and the head of Dong-dong Housing Association, while holding office as the head of Dong-dong Housing Association of Gangdong-gu Seoul Metropolitan Government, and the head of Dong-dong Housing Association has overall control over the affairs such as the above autonomous association and the

A. At around October 7, 1996 and around November 20, 196, withdrawal of 800,000 won from the above Autonomous Accounting Staff Non-Indicted 7 of the management expenses (title omitted) from the above Autonomous Accounting Staff Non-Indicted 7 of the above Autonomous Council's Office from the above Autonomous Council's office, and embezzlement it by voluntarily consuming it by the defendant's personal repayment, etc. around that time while in the occupational custody;

B. Around July 20, 1997, withdrawn 4,470,224 won from among the deposit deposits for separate houses (title omitted) managed by the defendant at the same place, and embezzled by voluntary consumption due to the defendant's personal debt repayment, etc. around that time during the occupational storage;

C. From January to July of the same year, (title omitted) loans from 44 households to 8,840,000 won for reconstruction expenses, and withdrawal of 3,840,000 won from the above expenses during the course of business while in custody at the same time, and embezzlement for voluntary consumption by the Defendant’s personal repayment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement on Nonindicted 3, 2, 8, 6, 9, and 10

1. A copy of each monthly tax contract; and

1. Current status of payment by the reconstruction association;

1. Criminal records;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1), 231, 234, 356, and 355(1) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Calculation in the number of days under detention before sentencing;

Article 57 of the Criminal Act

Judges Lee Sang-ok

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