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(영문) 춘천지방법원 강릉지원 2012.08.30 2012고단374
사기등
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

A, on March 20, 2012, was sentenced to one year of imprisonment with prison labor for a crime of fraud and a crime of attempted fraud in Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on May 21, 2012. On May 15, 2012, Defendant B was sentenced to one year and six months of imprisonment with prison labor for a crime of fraud, etc. in the same court on May 23, 2012.

1. On June 2010, Defendant A received an inquiry from the victim D about the method of selling pine trees in F, G, and H, owned by the victim’s son E, in the multilateral bank located in Gangseo-gu around June 2010, Defendant A stated that “In order to sell pine trees, approximately KRW 30 million is necessary for the above permission cost, and if E’s certificate of seal impression, etc. is given, Defendant A would receive money from the bank as collateral.”

However, the defendant did not have the ability or will to obtain a loan from the bank as collateral for the above permitted costs from the victim.

The Defendant deceptioned the victim as above, and received three copies of a certificate of unfair market seal impression from the victim around that time.

2. Forgery of securities by the Defendants

A. On July 30, 2010, the Defendants indicated “19,000,000 won (one million won) in the face value column of the promissory note in the form of Gangseo-si Ical bank around July 30, 2010,” “19,000,000 won” in the face value column, “19,000,000” in the issue date column, and “E” in the issuer column as of July 30, 2010, and Defendant B’s seal impression stamp was affixed on the issuer column, which Defendant A kept in his name. Accordingly, on August 26, 2010, the Defendants forged one promissory note in the name of E for the purpose of exercising their rights in collusion with the Defendants. From August 26, 2010, the Defendants committed the crime on August 26, 2010 with the “10,000,000 won” and “20,000,000 won” in the face value column.

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