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(영문) 대구지방법원 의성지원 2013.12.19 2013고단263
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 23, 2010, the criminal defendant against the victim C made a false statement to the victim C in front of the EFF branch of the EFF branch located in Gyeongnam-gun, Gyeongbuk-gun, Kim Jong-gun, stating, “The victim C shall be given a more loan to the victim, with the money attached to the Korean Barmba, and the money shall be repaid by loaning the money.”

However, even if the Defendant borrowed money from the victim, he planned to use part of the money as a restaurant operating fund, and the Defendant was unable to pay the rent properly because it was difficult to operate the restaurant at the time, so there was no intention or ability to pay the fee even if he borrowed money from the victim.

The defendant acquired 4,590,000 won in cash from the victim for the purpose of borrowing money.

2. Around December 2010, the Defendant forged private document: “Around December 2010, at the G restaurant operated by the Defendant in the Gyeongbuk-gun F of the Gyeongbuk-gun, the Defendant created a resident registration certificate and a seal, and opened a monthly passbook at the Jeju-do restaurant to put it in a monthly wage.” The Defendant received H’s resident registration certificate, an agricultural bank passbook, etc.

Then, on January 13, 201, the Defendant entered “H”, “I”, “5,00,000 won in the loan limit column,” and “3,20,000,00 won in the first use amount column” in the H’s name in the member column of the loan transaction contract of A&P loan Co., Ltd. (hereinafter “A&P loan”), using a tallythm-type pent.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the loan transaction contract under the name of H, a private document on rights and obligations.

3. On January 13, 2011, the Defendant sent the forged loan transaction agreement to the above G cafeteria by mail as if it had been duly formed.

4. A victim;

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