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(영문) 전주지방법원 군산지원 2016.05.25 2015고단1273
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant was a person who had been working as a representative director of the limited company D in Gunsan City from December 2, 2013 to June 26, 2015.

1. On June 29, 2015, the Defendant: (a) indicated the FF Credit Cooperative located in Gunsan-si E with a seal affixed by the Defendant in advance on a written request for the withdrawal slip with a limited company D’s corporate seal affixed on the representative director; (b) indicated the “(L) D” in the column for the date of preparation of the “27,00,000,000” in the column for the column for the amount of the official seal affixed by the Defendant as the representative director; and (c) issued the forged bill to G as if it was a pre-written statement duly formed, without knowledge of such forgery.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the withdrawal slips in the name of limited company D, which is a private document related to rights and obligations, and held a copy of the forged withdrawal slips.

2. The defrauded did not have a legitimate right to withdraw the deposit from the account under the name of the limited company D in the date, time, place, and fact as stated in the above paragraph (1) above. The Defendant, in the same manner as mentioned in the above subparagraph 1, committed as if the Defendant had a legitimate right to withdraw the deposit from the account under the name of the above company, and deceiving the above G, and the Defendant was issued KRW 27,000,000, which was the owner of the credit cooperative under the name of the victim from the above G, to withdraw the deposit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Statement made by the police with H;

1. A list of withdrawals;

1. Application of Acts and subordinate statutes on lists of transactions by account;

1. Relevant Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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