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(영문) 서울중앙지방법원 2012.12.13 2010고단7490
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

A. On September 15, 2010, the Defendant was sentenced to a suspended sentence of six months of imprisonment for embezzlement at the Seoul Central District Court (Seoul Central District Court) and the said judgment was finalized on September 25, 2010.

1. On June 1, 2010, the Defendant forged private documents in collusion with his name in order to enter “(State:) SPCC: Business freedom deposit, type of deposit: Account Number: 140-08-841943: aggregate amount: KRW 50,000,000,000, KRW 150,021,000,000, and Ha’s deposit evaluation amount as of June 08, 2010,” and affixed a seal stating “D branch E division” in the signature of the person in charge.

Accordingly, for the purpose of exercising authority, the Defendant forged a balance certificate in the name of E division in the new bank D branch E division, a private document related to rights and obligations.

2. On June 8, 2010, the Defendant: (a) issued a forged balance certificate to F, as described in paragraph (1), at the coffee shop in the Dongjak-gu Seoul Metropolitan Government Party’s neighboring Korea Bank; and (b) exercised it as if the certificate was duly formed.

3. Around June 15, 2010, the Defendant: (a) issued a copy of the passbook in the name of the first bank opened in the name of H, which changed that “F, who was unaware of the fact of the alteration, did not know of the alteration at the vicinity of the G building located in Jongno-gu Seoul Metropolitan Government,” to “the remainder of May 18, 2010, KRW 85,84,08,088,083.”

4. Around May 2010, FF asked I to request I to submit a certificate of bank balance required in relation to the public tender, and I introduced Defendant A to the victim through J, and around June 3, 2010, sent KRW 3 million to the account under the name of J as contract deposit.

On June 8, 2010, the Defendant issued a forged balance certificate to the victim F at the coffee shop in the Dongjak-gu Seoul Metropolitan Government Party’s neighboring Korea Bank.

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