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(영문) 부산지방법원 2015.12.15 2015고단4799
사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 29, 2014, the Defendant had the husband’s deposit passbook and C’s seal on the death. On November 29, 2014, the Defendant attempted to forge a written application for the cancellation of the deposit account in the name of C and acquire the money in the deposit account.

1. Around December 4, 2014, the Defendant forged a private document, and the uttering of a private document, indicated “C” as “C” in the column of deposit holders in the form of a written application for termination of the account in the Busan Bank’s business department located in Jung-gu, Seoul, and affixed C’s seal on the next page, and then issued two copies of the written application for termination of the account in the name of Jung-gu, Seoul, as if it were genuine.

Accordingly, for the purpose of exercising authority, the Defendant forged two copies of a written application for termination of an account in the name of C, which is a private document concerning rights and obligations, and exercised two copies of a forged written application for termination of an account.

2. The Defendant, on the date, at the time, at the time, and at the place specified in Paragraph 1, had the death of C, the nominal owner of the deposit account, and had no legitimate authority to withdraw the said death, deceiving an employee who could not know the name of the victim’s Busan Bank by forging a written application for the cancellation of the account in the name

As such, the Defendant, by deceiving the victim and deceiving the victim, received the total sum of KRW 30 million from the victim to the Busan Bank Deposit Account (D) in the name of the same day, and KRW 25 million from the other C Bank Deposit Account (E) in the name of the Busan Bank.

The defendant and defense counsel asserts that the money deposited in the net C account is owned by the defendant, so fraud is not established.

However, even if the defendant's assertion is true, as long as the account was opened in the name of the deceased, the defendant terminates the account or is in the account.

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