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Reasons
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(영문) 창원지방법원 거창지원 2016.11.09 2015고단167
사기등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

A. The Defendant forged a specification of transactions, which is a document related to a certificate of fact, with intent to exercise the right.

3. On January 10, 2014, the Defendant: (a) sent a forged specification of transactions to C, as described in paragraph (1) of the said investigation document, as if it were a duly formed specification of transactions; and (b) exercised that document by way of the KTX train transport.

4. Alteration of any private document;

A. On December 18, 2013, at around 14:00 on December 18, 2013, the Defendant continued to enter the original copy of the passbook E, Account Number H, and then made an alteration to the original copy of the passbook in the transaction day column by using the Pototo World and Networking Programs, “131218” in the content column, “Internet Schlage” in the transaction day column, “*400,000,000,” “*400,000,000” in the balance column, and “Maritime Department” in the transaction day in the last part of the passbook, stating at will the transaction details, etc. by the above method, and then arbitrarily stated “13120,20” in the content column, “13,00,000,” “*5,000,000,” and “1805,000,000,000 column in the balance column in the name of the passbook.”

Accordingly, for the purpose of exercising a certificate of fact, the defendant altered the passbook in the name of a new bank, which is another person's document.

B. On March 13, 2014, at around 11:00, the Defendant: (a) stored the original copy of the bank account note C, the account number IB from the above G office; and (b) entered “20140313,” “30,000,000 in the transaction column”; (c) stated “30,000,000,000 in the balance column”; (d) stated “*30,000,000,000” in the transaction column; and (e) continuously stated “201403,0313” in the transaction column; and (e) stated “14,00,000,000 in the balance column; and (e) stated “14,00,000,000 in the transaction column” in the transaction column; and (e) stated “14,00,000,000 in the balance column; and

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