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(영문) 전주지방법원 군산지원 2019.05.24 2018고단570
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

"2018 Highest 570" Defendant used the victim B's credit card, identification card, passbook, etc. which was in an infinite relationship with the Defendant to use the loan with the lending company, etc.

1. On May 11, 2016, the Defendant made a telephone call to an employee of the Victim C Co., Ltd. who was named in the name of the Defendant, and applied for a loan of KRW 5 million in the name of B, as if the Defendant was the nominal owner of the credit card in possession of the Defendant.

However, the defendant applied for a loan under B at will without obtaining the consent of the loan from B.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million in the name of the loan from the victim to the D account under the name of B that was possessed by the Defendant around that time, from around September 26, 2016, and by deceiving the victims on a total of seven occasions, such as the attached Table “crime List” from September 26, 2016, and acquired KRW 33.9 million in total.

2. Forgery and uttering of private documents;

A. On July 26, 2016, the Defendant: (a) stated the forgery of private documents in the E’s loan transaction agreement in French name as “B”; (b) “B” in the E’s loan transaction agreement, “10,000,000” in the loan amount column; (c) “27.9%” in the loan interest rate column; (d) “27.9%” in the contract date column; (e) “ July 26, 2016”; (e) “B” in the contract date column; and (e) written the “B” in the customer name column; and (e) written in the customer name column “B” in his/her name and submitted the forged loan transaction agreement as if it were duly concluded.

Accordingly, for the purpose of uttering, the Defendant forged one copy of a private loan transaction contract in the name of B, which is a private document on rights and obligations, and exercised a forged loan transaction contract.

B. On August 31, 2016, the Defendant forged a private document, and the Defendant’s uttering of that document, in the F’s loan transaction agreement from the luxon on August 31, 2016, shall be the test-type pen.

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