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(영문) 부산지방법원 2016.06.15 2016고정1513
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around August 12, 2011, the Defendant holding a private document forgery or the above investigation document: (a) c c c c c c c c c c c c c d d d d d d d d d d d d d d d d

B When applying for a loan to the section, without B’s approval, the applicant’s seal is written in B in the name of the joint and several sureties’s guarantor who uses the examination color pen to the joint and several sureties’s name, and is written in the guarantee debt column, and written in C resident registration number C, address Gyeongnam-si, and written in D D D at the same time and at the same place, and is not aware of the forgery.

As above, the joint and several sureties contract (for bond self-reliance, security interest) which was forged was delivered to an employee in the name of the father and exercised it as if it was a document that was duly formed.

Accordingly, the defendant has forged each joint and several guarantee contract in the name of private document B, which is a private document related to rights and obligations for the purpose of uttering and exercised it simultaneously.

2. The defendant's fraud means each joint and several guarantee contract (for bonds' own use and security interest) forged as provided for in the above paragraph (1) for a victim's partnership.

The employee of the division was delivered as if he was actually prepared by B and applied for the loan, and the member was issued KRW 3 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning joint and several sureties contracts and certificates related to performance;

1. Article 231 of the Criminal Act (the point of each private document Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act (the point of exercising each of the above investigation documents) and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between crimes of gambling documents for each of the above investigations);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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