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(영문) 서울동부지방법원 2016.06.28 2016고정786
사문서위조등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 6, 2014, the Defendant forged a loan transaction agreement in the name of “C”, “D”, “B”, “new bank E” in the deposit account column, “3,00,000” in the contract date column, “3,00 August 6, 2014,” and “the expiration date column” in the “B 102” and “the name of August 6, 2017,” and “the name of “C” in the name of private document for the purpose of exercising a private person following the name.

2. The Defendant, at the time and place specified in the preceding paragraph, sent a forged loan transaction agreement to the person in charge of the instant investigation document, as if it were duly formed, and exercised it by facsimile.

3. The Defendant filed an application for a loan as if the Defendant were said C by posting a telephone on the date, time, and place set forth in the preceding paragraph.

However, even if the defendant was not C, there was no intention or ability to pay interest and principal.

The defendant received 3 million won from the person in charge of loan to the account in the name of C used by the defendant and acquired it by fraud.

4. From Jun. 2014 to Oct. 28, 2014, the Defendant, using computers, etc., obtained a total of 22 occasions of pecuniary benefits equivalent to KRW 2,084,122,00,000, by accessing a mobile app (NAV) online and inputting the card number and authentication number into C’s mobile app online and without authority, using a Handphone at the place indicated in the preceding paragraph from Jun. 28, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time protocol concerning the examination of the suspect of the police assigned to the accused (including the C substitute part);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation report (including a copy of a loan agreement attached to telephone conversations);

1. Criminal facts;

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