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(영문) 서울중앙지방법원 2016.10.07 2016고단199
사문서위조등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, there is a charge of forging private documents and uttering of falsified investigation documents.

Reasons

Punishment of the crime

The defendant of "2016 Highest 2149" is a U.S. citizen.

On January 1, 2009, the Defendant heard the circumstances that the Defendant should not issue the U.S. visa with the history of using forged permanent sovereignty from the victim D (n, 54 years of age) who was introduced through the Rain C, etc. at a closed place where the U.S. was closed, and false statements were made to the said victim that “In order to obtain U.S. visa, the Defendant should delete the forgery of permanent sovereignty by filing a lawsuit against the U.S. government through the competent U.S. attorney-at-law, who appointed the U.S. attorney-at-law and proceeded with the lawsuit against the U.S. government.”

However, even if the defendant received money from the above victim as the attorney fees or investigation fees, he was thought to use it for the defendant's living expenses or project expenses, and there was no intention or ability to file a lawsuit against the Government of the United States of America or to conduct such lawsuit.

As above, the Defendant, by deceiving the above victim and deceiving him from January 21, 2009 to July 6, 2009, received a total of KRW 148,814,800 from the above victim to the account (E, new bank) or F in the name of the Defendant’s account (G, us Bank) or F, in the name of the attorney fee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

1. Application of each specification of transactions and deposit details Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of recommendations] general fraud types 2 (the amount of not less than 100 million won, and less than 500 million won) (the amount of punishment shall be 1 to 4 years); and

2. The fact that the defendant who was sentenced to the punishment of the crime of this case committed the crime of this case and against this part of the crime, and that there is no criminal record exceeding the fine, the damage is not recovered despite the fact that the amount obtained by the crime of this case is reasonable.

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