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(영문) 서울중앙지방법원 2019.04.30 2017고단8124
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The Defendant, around November 15, 2013, failed to repay KRW 50 million borrowed from B in relation to C’s business on or after November 15, 2013, and had received demand payment from B and the Defendant connected B and the Defendant after November 15, 2013, and had C related persons wired the Defendant with a view to forging a cash payment note of KRW 5 billion, to deliver it to B via the above D.

피고인은 2013. 11. 22. 서울 중구 E 소재 F에서, 지인 G에게 부탁하여 A4 용지에 G의 글씨로 ‘현금지불각서’라는 제목하에 「一金 五拾億원整(₩5,000,000,000 ,'상기 금액을 2013년 11월 25일 오전 10시까지 A H은행 계좌 I 로 입금할 것을 각서합니다

On November 22, 2013, each letter of 1.J, 2.K, “A Ha,” written on November 22, 2013, and attached the above J and K’s seal affixed by the Defendant at his own discretion on the name of the said J and K, and then delivered one copy of the forged cash paper to D who is aware of the forgery on the same day.

Accordingly, the defendant, for the purpose of uttering, has forged and exercised a letter of cash in the name of J and K, which is a private document on rights and obligations without authority.

Summary of Evidence

1. The defendant's partial statement in court (as of the 13th trial date);

1. The recording of statements made by witnesses B in the fourth trial record;

1. Recording of L's statements in the fifth trial records;

1. Recording statements of M in the sixth trial records;

1. Examination protocol of the accused by the prosecution (including the parts related to D, B, M, L)

1. Application of the Acts and subordinate statutes excluding cash payments;

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. The Commercial Concurrent Crimes Act.

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