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(영문) 대전지방법원 천안지원 2017.02.16 2016고단1774
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

After purchasing an automobile with a loan borrowed under the name of the Defendant and the name of the Defendant, Defendant B and the Defendant: (a) stored the said automobile and received some money; but (b) became aware that the Defendant was unable to obtain a loan in a normal manner due to good credit; (c) offered to the lending institution by forging a certificate of employment and bank transaction details with respect to the Defendant; and (d) offered to the lending institution for a loan.

Defendant and B conspired with “C” on June 2015, the following facts are forged: (a) Defendant did not have worked as “D” and received money from “D; (b) without authority for the purpose of exercising the details of payment; (c) Defendant’s receipt of a false certificate of employment from “D” to “D” from June 5, 2014; and (d) on June 10, 2015, deposited KRW 2.8 million from “D” to Defendant’s account; and (d) forged “the details of deposit and withdrawal” in the name of “IBK Bank” in the name of “BK Bank”; and (e) around the 26th day of the same month, it was impossible to obtain a false certificate of employment and the details of deposit in the name of “D” to be used from “D” to a borrower of the victim Savings Bank; and (e) deliver the false document to Defendant 20 G account in the name of “OBK bank” under the name of “OB bank’s purchase.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect B in the protocol of the police interrogation; and

1. Statement in the police statement before J; and

1. Statement of the investigation report (D counterpart);

1. The application of each Act and subordinate statutes to each of the following items, such as an agreement on application for debate, motor vehicle registration certificate, motor vehicle registration ledger, forged certificate of employment, forged statement of transaction by enterprise bank, and detailed statement of transaction by account.

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