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(영문) 대구지방법원 2014.05.16 2014고단549
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 3, 2011, the Defendant, on the street in front of the Daegu-gu D Hospital, concluded that he/she would have a phone called to the victim E, and that he/she would have a total of 24 million won per month repaid to the victim E for two years if he/she borrowed KRW 20 million.

However, even if the defendant borrowed money from others, he did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the Daegu bank account of the Defendant on July 4, 201, and received KRW 20 million in total from the said account on July 6, 201 and transferred KRW 15 million to the said account.

2. On March 5, 2012, the Defendant forged private documents, or uttering of the falsified-dong Office located in Daegu-gu, Daegu-gu, Seoul-do, entered “E” in the name column of joint and several sureties, “F” in the name column of joint and several sureties, “F” in the resident number column of the joint and several sureties, “H” in the telephone number column of the joint and several sureties, “H” in the guarantee period column, “F”, “F from March 5, 2012 to March 5, 2015” in the guarantee period column, “139% of the loans”, “39% of the overdue interest rate column” in the guarantee amount column, “F” in the joint and several sureties name column, “E”, and sign it next to that column.

Accordingly, for the purpose of uttering, the defendant forged a joint and several guarantee contract in the name of E, a private document on rights and obligations.

In addition, the Defendant sent a forged joint and several surety contract to an employee of the IFE who is aware of the forgery at the above date and at the above location, as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on a forged joint and several guarantee contract, a complaint filed, a copy of a passbook of Daegu Bank in the name of E, payment order;

1. Article 231 of the Criminal Act of the corresponding Article 231 of the Criminal Act for the crime (the point of assistance in private document) and Article 234 of the Criminal Act.

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