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(영문) 부산지방법원 2015.05.21 2015고단498
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 2, 2008, the Defendant forged a private document, stating “D” and “E” in the column for joint and several liability for the borrowed money in the official stamp located in Busan Jin-gu, Busan, by using an official approval color pen, and affixed the above D and E seal kept by the Defendant on each side of the name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of borrowed money in the name of D or E, a private document related to rights and obligations.

2. The Defendant, at the time, and at the place specified in Paragraph 1, exercised a false loan certificate as if it were a document duly formed with the F, who was aware of the forgery.

3. The fraud Defendant issued a forged loan certificate to the victim F as described in Paragraph 1, at the time, at the place, as described in Paragraph 2, to the victim F, and made a false statement to the effect that “The Defendant borrowed KRW 26 million as he/she got a joint and several sureties D and son E, thereby getting a joint and several sureties.”

However, the fact that D and E did not allow the joint and several surety for the above debt, and since the above loan certificate was forged by the defendant, the defendant did not have the intent or ability to repay the money from the victim to the lender.

The defendant was issued 26 million won in cash and 26 million won in cash from the victim as the same day rent.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on judgment;

1. Articles 347 (1), 231, and 234 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act among concurrent offenders [the scope of recommendations] and the reason for sentencing under Article 38(1)2 of the Criminal Act where the aggravated area (1 to 2 years and six months) (1 to 100 million won) of the aggravated area (1 to 100 million won) (1 to 2 months) of the Criminal Act committed by deceiving the court in the trial proceedings.

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