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(영문) 서울중앙지방법원 2013.10.24 2013고합103
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

One seal in the name of Q and three seals in the name of R shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal power] On November 10, 201, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Central District Court, and a fine of two million won, which became final and conclusive on March 15, 201, and on January 24, 2013, the said judgment became final and conclusive on July 12, 2013.

[2013 Gohap103] Even if the Defendant was not a doctor, the Defendant attempted to acquire money by deceiving W groups related to the above company with U (former trade name: V; hereinafter referred to as “U”) by means of providing false security or having such doctors write joint and several sureties, etc., in the name of doctor C, G, andO, S Council members (the name of hospital after the expansion of I), S Women’s Council members (C), and T Hospital (O). Although the Defendant was unable to repay the borrowed money due to excessive debt, the Defendant did not intend to obtain money by deceiving W groups related to the above company by deceiving them.

1. Forgery of private documents and the display of private documents;

A. On March 16, 2010, the Defendant, at the U’s office located in the 12th floor of the Gangnam-gu Seoul X building, forged one copy of the monetary loan agreement in the name of F, a private document on the rights and obligations of F, for the purpose of exercising the F’s seal impression affixed to F, and subsequently, exercised the monetary loan agreement in the name of the joint and several surety, which is a private document, in the name of F, for the purpose of using the F’s “F (Z)” and “F (A401) in the address column,” and the name column of the joint and several surety’s name, using the black pen in writing, written by the employees Y of the said company in advance. In other words, the Defendant used the money loan agreement in the name of the joint and several surety, which is a private document, for the purpose of exercising the F’s seal impression prior to the F’s name.

B. On July 23, 2010, the Defendant is at U’s office located in the fifth floor of the Gangnam-gu Seoul AC building, and is an employee of the said company who knows that the Defendant stolen F’s name.

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