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(영문) 대구지방법원 2017.10.19 2017고단4045
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on November 8, 2016.

1. On January 7, 2014, the Defendant forged a private document: (a) as if he/she had a resident registration certificate, a certificate of seal impression, etc. issued by the wife C for the sale of DMW car in the name of the wife C at the JB’s office located in the Daegu Suwon-gu Suwon-dong Office; and (b) as if he/she had been authorized by C to obtain a loan from C in connection with the purchase of the vehicle, the Defendant was carrying out as if he/she had been authorized by C to obtain a loan from the vehicle purchase; and (c) in the name column of the application for debate on installment financing, the Defendant stated “C” and “E” in the resident registration number column of the agreement on installment financing; (d) stated each of the “C”, “30,000,000” in the loan column of the agreement on installment financing; and (e) stated in advance the name of C as follows.

C’s seal has been affixed, and C’s name has been written or C’s seal has been affixed to the loan application, application for registration of transfer, certificate of vehicle transfer, etc.

Accordingly, for the purpose of uttering, the Defendant forged a written application for an erroneous debate on installment financing in the name of C, which is a private document on rights and obligations.

2. The Defendant, at the time, at the place specified in paragraph 1, delivered the forged documents to an employee under his/her name, who was aware of the forgery, as if they were the document duly formed.

3. The Defendant, at the time, at the time, at the time, and place set forth in paragraph 1, led the said employees to submit the forged documents to the staff in charge of the victim JB Do Capital Co., Ltd., as if they were duly authorized by C to lend and purchase vehicles.

The defendant received 30 million won from the above employees as a loan for the purchase of vehicles at around that time, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.3

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