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(영문) 광주지방법원 2017.01.13 2016고합290
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for six years and for five years, respectively.

Reasons

Punishment of the crime

1. Defendant A’s sole criminal defendant was a person who had worked in the Victim F from September 2003 to September 4, 2014, and was in charge of loan duties at the F North Korean branch located in Gwangju Northern-gu G from February 17, 2014 to September 4, 2014.

When the Defendant purchased three parcels of real estate owned by H, the Defendant intended to acquire the loan by forging the H name contract, loan application, etc. as if he/she provided the said objects as security and applied for the loan from the damaged person.

A. On April 2014, the Defendant: (a) stated that “I” was the seller’s name in the seller’s column, “H”’s name in the seller’s column, “H,” “H’s name in the buyer’s column,” “H’s name in the broker column,” “H” and “H’s name in the broker column,” and written in the broker column the “M authorized broker, representative N,” and written in the broker column a personal seal attached to H’s name.

H's seal imprint was stamped respectively.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the trading contract under the name of I and H, a private document related to rights and obligations.

2) The Defendant forged a loan application and a loan transaction agreement; the date and time set forth in paragraph (1) above; and the details of the application form prepared in advance at the place specified in paragraph (1) in the column of the contents of the application form; and “H” in the applicant column; and the Defendant had prior ownership in the name of H.

H’s seal imprints the H’s seal imprint and marks the name side of H’s seal imprint in the loan column of loan agreement form, stating “Suppression0 million won” and “H” in the debtor column, respectively.

Accordingly, for the purpose of uttering, the Defendant forged a letter of loan in the name of H and a letter of loan transaction, which is a private document related to rights and obligations.

B. On May 2, 2014, the Defendant holding the said investigation document.

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