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(영문) 서울서부지방법원 2015.10.30 2015고단530
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Although the accused attempted to borrow money from the victim C, the accused was able to borrow money from the victim C, as the victim demanded a joint guarantor due to existing debts, with D’s certificate of the personal seal impression issued by the Defendant’s his/her father, so that he/she can use the money as joint surety

Around 10:00 on April 27, 201, the Defendant told the victim’s house located in Eunpyeong-gu Seoul, Eunpyeong-gu, and fourth floor to the effect that “if the victim lends money to the victim to operate the packing shop, and to purchase the rent, cooking equipment, etc., the Defendant would give KRW 500,000 per month interest, and the principal shall be repaid three months after the date of payment.”

However, there is no property owned by the defendant, and even if the defendant borrowed money from the victim, there was no intention or ability to repay the money as agreed, and there was no consent from D for joint and several sureties.

Nevertheless, the Defendant made a false statement to the victim as above, and caused the victim to pay KRW 1 million to the lessor's side of the main shop of the packing end, and acquired it by fraud.

2. Around April 27, 2011, the Defendant forged a private document related to the certification of seal imprint or the consent letter of legal representative and uttering of the above investigation document at the calendar Dong community service center located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, for the purpose of exercising the D’s seal imprint on the D’s name, without authority, with the intention of exercising the D’s seal imprint on the D’s name, for the purpose of exercising the D’s seal imprint on the D’s name, the certificate of seal imprint or the consent letter of legal representative, which is a private document under the name of D, for the purpose of exercising the D’s seal imprint on the D’s name, for the purpose of using the D’s letter of delegation or the consent letter of legal representative, even though he was not delegated by D to issue the certificate of seal imprint.

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