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Reasons
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(영문) 의정부지방법원 2014.02.06 2013고단1618
사기등
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A defendant shall be punished by imprisonment for nine 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. The Defendant did not have any intent or ability to repay money even if the Defendant borrowed money from the victim C because of economic difficulties, such as the amount of personal debt borrowed from the second financial right, bond company, etc. to a total of KRW 122 million.

Nevertheless, on April 3, 2009, the Defendant made a false statement to the victim C that “E” operated by the Defendant himself/herself in Full-gu, Busan Metropolitan City on April 3, 2009, stating that “If he/she lends KRW 2 million to B, he/she shall pay interest on a monthly basis, and the principal shall be repaid up to August of the same year.” On the same day, he/she received KRW 2 million from the victim and received it from the victim, and then received it from the victim during a total of 17 times, as shown in the attached Table [crime List] from around that day to July 5, 201, and then the Defendant took it by deceiving the victim after receiving KRW 837 million in total from the victim.

2. At around 15:00 on October 19, 2009, the Defendant: (a) stated that “E” loaned money to the victim C; (b) the victim refused to lend money to the other party; (c) forged F’s certificate of loan; and (d) borrowed money from the victim in blank; and (c) borrowed money from the blank on October 19, 2009 with an official seal stamp in color on the blank. GH I, AJD, and October 20, 209, with his own seal affixed to the name of the said G.

Accordingly, for the purpose of exercising, the Defendant forged the above loan certificate, which is a private document on rights and obligations.

3. At around 11:00 on October 20, 2009, the Defendant exercised the above-mentioned forged loan certificate to the above-mentioned C, which was aware of the forgery in the above-mentioned “E, as if it were the document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The legal statement of the witness C;

1. Statement to C by the police;

1. The loan certificate A.

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