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(영문) 서울북부지방법원 2016.06.30 2016고단2006
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 13, 2015, the Defendant knew that D, which was put to the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government C, had his passbook, seal imprint, resident registration certificate, etc. stored in the U.S., and stolen it, and tried to withdraw the deposit at the victim’s Korean Scidd Bank as if it were the said D.

1. Around 12:30 on May 13, 2015, the Defendant engaged in the forgery of private documents and the event of the above investigation documents indicated “E” in the column of account, “50,000,000 won” in the column of account, and “D” in the form of a written request for a deposit kept at the location of the main office of the Dongdaemun-gu Seoul Jongno-gu Bank, the injured party, Inc., Ltd., the Republic of Korea, at the point of the main office of the Dongdaemun-gu Bank, Jongno-gu, Jongno-gu, Seoul, as seen above, and affixed the seal imprint of the said D on the name subsequent thereto.

Accordingly, the Defendant, for the purpose of uttering, forged a letter of request for a deposit in the name of D, which is a private document related to rights and obligations, and exercised a false deposit request to F, a bank employee who is aware of such forgery, as if it were a document duly formed.

2. The Defendant, at the above date and at the above place, presented a forged request for deposit and a resident registration certificate under the above D’s name, and had a legitimate authority to withdraw deposit amounting to KRW 50 million in the passbook of the above D’s deposit.

The Defendant received from the above F, that is, from the victim F, KRW 50,000,000 as a deposit withdrawal, cash owned by the victim Korean standards, Korea, Inc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F or D;

1. A copy of an investigation report (Submission of a copy of the written request for deposits of victims), and a deposit;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the F phone statement by a witness);

1. Article 347 of the Criminal Code for the crime and Article 347 (1) of the Criminal Code for the choice of punishment.

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