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(영문) 울산지방법원 2018.07.05 2018고단1238
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Records] On May 18, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court, and the judgment became final and conclusive on the 26th of the same month.

[Criminal facts] 2018 Highest 1238

1. On November 24, 2016, the Defendant entered into a loan transaction agreement under the condition that he/she would receive KRW 10,000,000 from the victim union and pay it in installments every one month until November 24, 2019, and submitted a certificate of employment as if the Defendant was a director of the stock company C.

However, in fact, the Defendant was not a director of C, and the above certificate of employment was forged with the name of C as listed in paragraph (2) below. At the time, the Defendant did not have any particular property except for the bank balance of approximately KRW 200,000,000, and was in arrears with approximately KRW 1,000,000 monthly tax, and there was no circumstance that it was difficult for the Defendant to spend the living expenses or pay monthly income, and thus, there was no intention or ability to repay the above loan.

The defendant had the above employee transfer 10,000,000 won under the name of the victim union account (Account Number E) in the name of the defendant from the victim union on the same day.

2. On November 23, 2016, the Defendant forged a private document: “A” in the name column using a computer; “A” in the column to which he/she belongs; “director” in the position or class column during his/her term of office; “from March 15, 2014 to November 2016” in the column of the period of his/her office; “At the date of preparation, November 24, 2016; “D” in the representative column; and “D” in the name side of the name of the said “D” on the certificate of employment of the C corporation that entered and printed out.

C. The representative director D. D. of a corporation

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