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(영문) 수원지방법원 2014.07.09 2012고단4267
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around June 2008, the Defendant, at the office of the victim limited liability company C in the Gyeonggi-si-si-si-si-si-si-si-si-si-si-si-si (Songbuk-gu-gu-si) reported that “The Defendant borrowed KRW 15 million with the operating fund to purchase alcoholic beverages from C.”

However, even if the defendant borrowed money from the above victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant made a false statement to D as above and received KRW 15 million from the victim around July 1, 2008.

2. The Defendant, as stated in paragraph 1, intended to use the private document forgery for borrowing money, had the intention to forge the transaction agreement stating as if the F were joint and several sureties, and the loan certificate.

On July 1, 2008, the Defendant stated 'F' in the name column of joint and several sureties, 102-402 in the address column of Seongbuk-gu Seoul G Building, 'H' in the resident registration number column and TR column, 'I' in the name column of the joint and several sureties, and affixed the F's seal impression in advance.

The Defendant continued to write the “F of Seongbuk-gu G Building 102-402 HF of the Joint and Several Guaranteeer” using a tampial pen on the cash carnet, and affixed the F’s seal imprint seal impression.

Accordingly, for the purpose of uttering, the Defendant forged a letter of transaction in the name of F, which is a private document on rights and obligations, and a letter of cash tea.

3. The Defendant: (a) issued a forged transaction agreement and a cash car certificate to D who is aware of the forgery at a time, at the same time, and at the same place as paragraph (2).

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement made to D by the police;

1. Complaints, written agreements on transactions, cash borroweds, and certificates of seal impression;

1. A comprehensive investigation report by the Seoul Cancer Police Station;

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