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(영문) 서울중앙지방법원 2014.05.08 2013고정4782
공문서변조등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) at the Seoul Central District Court and three years of suspension of execution on June 24, 201, and the judgment became final and conclusive on June 24, 2011.

1. Around October 25, 2010, the Defendant altered official documents issued a post office passbook (depositor A and Account Number B) in the name of the Minister of Knowledge Economy and entered 47 detailed statements from around October 207 to October 25 of the same year, from around October 26, 2010, in order to obtain KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Accordingly, for the purpose of uttering, the Defendant modified the date of subscription to post office passbook A in the name of the Minister of Knowledge Economy, which is an official document, and the date of issuance and details of transactions.

2. Around October 26, 2010, the Defendant held the post office passbook in the name of the Minister of Knowledge Economy, which changed at the private branch of the Future Savings Bank Co., Ltd. (147-53, Dong-dong, Dongjak-gu, Seoul, by means of delivering it to bank employees who are aware of the fact, as if it was a document duly formed.

3. The Defendant: (a) prepared an application for a personal loan (guarantee) with the content that he/she applies for a loan of KRW 10 million in gold, at the time and place specified in the foregoing paragraph (2); and (b) submitted an application for a loan of KRW 10 million as evidence, along with a certificate of employment in C (Representative D) name; and (c) submitted the modified post office benefit passbook as evidence.

However, the defendant did not have the intention or ability to repay even if he borrowed from the above bank.

As such, the Defendant, by deceiving the Bank of the United States Savings that is the victim, was given a loan of KRW 10 million by the victim.

Summary of Evidence

1. The defendant;

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