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(영문) 의정부지방법원 고양지원 2014.12.12 2014고합204
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six years.

Of the facts charged in the instant case, each public document forged and forged on November 13, 2013.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the effect that, around October 2013, the Defendant would make a purchase of used vehicles from C, a large enterprise, at the first floor of the Taeyang-gu Incheon Metropolitan City, Seoul Metropolitan City, to the Seoul Savings Bank (hereinafter “victim Company”) located in the first floor of the Taewon Building in the Taewon-gu, Seoul Metropolitan City (hereinafter “the victim Company”). Accordingly, the Defendant would make a false statement to the effect that “The victim Company would make a purchase of used vehicles from D, a large enterprise, to the extent of KRW 4,00,000 by making a loan to the victim Company to deposit the funds with D account to the limit of KRW 4,00,00,000, to provide the used vehicles purchased from D to be kept in the vehicle storage in the Yeonsu-gu, Incheon Metropolitan City.” The loans will be repaid from the future export proceeds.

However, the Defendant, who said that he had decided to purchase a heavy vehicle, is not a large company, but a company established by the Defendant on November 11, 2013 in order to obtain a loan from the victim company, and is not capable of purchasing or selling a vehicle. Furthermore, the Defendant thought that he/she purchased a heavy vehicle using a siren without any particular property or income and provided it as a security, and even if he/she received a loan under the name of the purchase price of a heavy vehicle, he/she did not have the intent or ability to actually purchase a heavy vehicle or to repay the loan.

On November 14, 2013, the Defendant, by deceiving the victim as such, received 340,000,000 won from the national bank account in the above name D as a fund for purchasing used vehicles from middle and high vehicles, and acquired it by deceiving the victim by means of remittance of KRW 7,531,00,000 in total over 19 times from around that time to December 24, 2013, as shown in the attached list of crimes (1) in the same manner as shown in the attached list of crimes (1).

2. The Defendant is guilty of forging an official document and uttering of forged official document as described in the foregoing paragraph (1).

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