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(영문) 청주지방법원 2015.08.27 2015고단455
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, who had the resident registration certificates of B, his father, who is the father of the party who was responsible for the debt, was born with money from Industrial Complex Loan Co., Ltd. (hereinafter referred to as “Industrial Complex Loan”) in the name of the Defendant.

1. A loan-related crime on May 31, 2013;

A. A. Around May 31, 2013, the Defendant forged private document forgery at the Defendant’s home located in Seo-gu, Seowon-gu, Seo-gu, 403 Dong 2102 (D apartment), and B’s name in order to exercise the right and duty by signing on the name of B of each “B” in the form of a loan for consumption, “2013-5-31,” “2016-10-4,” “10 million won per day” in the column of the loan expiration date/agreement amount, “1% per month (38.69% per annum),” “00,000 won per annum” in the column of the loan repayment date/agreement amount, “38.69% per annum)/(06% per annum),” and “B” in the name of B, and without authority, signing on the name of B of each “B”.

B. On the same day as the above paragraph (a) above, the Defendant: (a) sent a forged B’s monetary loan contract under the name of B by facsimile as if it was duly formed, to an employee who was unaware of the forgery at the Seodaemun-gu Office in Chungcheongnam-si; and (b) was unable to know the name of the Busan-si; (c) the Defendant sent it by facsimile.

C. Since the Defendant was unable to borrow approximately KRW 10 million from R&C, etc. and to pay the interest normally, the Defendant had no longer been able to borrow the loan under his/her own name. Therefore, even if he/she received the loan under B’s name, he/she did not have the intent or ability to repay the loan.

Nevertheless, on the same day as the above paragraph (a), the defendant provided a loan counseling with an employee who is unable to know the name of the injured party's loan by telephone at the defendant's house mentioned in the above paragraph (a) and provided the above employee with a copy of the money loan contract and B's income certificate, and B's resident registration certificate.

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