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(영문) 수원지방법원 2019.07.05 2019고단180
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.

(e).

Reasons

Punishment of the crime

After preparing a letter of intent to repay B a sum of KRW 23,200,000 to the Defendant, the Defendant continued to receive a demand for repayment from B, and the Defendant would be entitled to KRW 15,00,000 for real estate fees from C. Upon receiving the fee, the Defendant attempted to forge a letter of payment in the name of C to deliver B with a view to deceiving B as if he would pay B with the said money.

Therefore, around July 7, 2017, at the office located in Suwon-si, the Defendant prepared a form of “defluence” using a computer in the name column, “C” in the address column, “Yanan-gu D” in the payment column, “Yancheon-gu” in the payment column, “Yancheon-gu” in the transaction name column, “Real Estate Fees” in the transaction name column, “C” on July 7, 2017”, and “C” in each letter column with the seal affixed by the Defendant’s obstacle attached to the name adjacent to C, and forged the payment angle in the name of “C”, and issued it to B without knowledge of the fact that the forged payment angle was genuine.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Investigation report (to telephone conversations for reference C);

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Article 231 of the Criminal Act; Articles 231 and 234 of the Criminal Act; the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Pronouncement of Punishment) (Forgery of Private Document).

(b) Class 2 crime (Uttering of a falsified Document) / Private Document / Private Document / Private Document / Private Document /

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