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(영문) 부산지방법원 2015.05.13 2015고정526
사기등
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Fraud;

A. On March 6, 2014, the Defendant filed an application for a loan of the victim Hyundai Capital Co., Ltd. under the name of D by telephone with the employee of the victim, who is an employee of the Busan Seo-gu Dapo-gu 202, 1702, 1702, and made a false statement that he/she will repay the loan every month if he/she would benefit from the loan.

However, in fact, the defendant used the name of D in the process of his certification and approval, and had no intention or ability to repay the loan.

The Defendant received KRW 8 million from the employee in charge of lending the victim company to the account in the name of D on the same day, and acquired it by fraud.

B. On April 29, 2014, the Defendant, by deceiving the staff in charge of the Modern Capital of the victim in the same manner at the same place, received five million won as a loan on the same day and acquired it by deception.

2. Forgery of private documents and the display of private documents;

A. A. On March 17, 2014, the Defendant entered “D” in the column of the applicant’s name in the “Spanmangyman loan agreement” in the form of “D” in relation to the loan of paragraph (1) of the above paragraph 1 of the same Article, and signed in the name side of the applicant, and submitted the said written agreement as if the Defendant was genuine to the officer in charge of Hyundai Capital Co., Ltd. who was unaware of the forged fact on the same day.

Accordingly, for the purpose of exercising, the Defendant forged a letter of agreement, which is a private document on the rights and obligations in the name of D, and exercised it.

B. Around May 17, 2014, at the same place, the Defendant forged one copy of the Dasch Rexrothn loan made in the name D in the foregoing manner with respect to the above claim 1’s loan, and submitted it as if it was duly formed to the staff in charge of Hyundai Capital.

Accordingly, for the purpose of exercising, the Defendant forged a letter of agreement, which is a private document on the rights and obligations in the name of D, and exercised it.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. D. D.

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