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(영문) 전주지방법원 군산지원 2017.01.11 2016고단1082
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in a de facto marital relationship with the victim C for about 30 years.

1. A thief: (a) around July 29, 2016, at the victim’s residence located in Dosan-si, Dosan-si, a residential area of 09:00, the Defendant stolen the victim’s house with one head of the credit cooperative in the victim’s name, one head of the agricultural cooperative, one head of the agricultural cooperative, and one painting.

2. Fraudulent, fabrication of private documents, or uttering of a falsified investigation document;

A. On July 29, 2016, the Defendant, at around 09:06, at the victim agricultural cooperative branch located in the Sinsan-si University, 253, the Defendant entered the amount in the form of written request for a deposit located in the said place “E million”, “C” in the name column, and affixed C’s seal as above on the name side of C, and affixed C’s seal thereto. After being aware of the forgery, the Defendant, as if he duly formed the written request for a forged deposit, had a legitimate authority to withdraw the deposit from the NAC head, and then, he, as if he had a legitimate authority to withdraw the deposit from the NAC head, was urged from E to receive KRW 2,00,00,000, the cash owned by the victim under the name of deposit withdrawal.

Accordingly, the defendant, for the purpose of uttering, has forged and exercised one copy of a request for deposit in the name of C, which is a private document related to rights and obligations, and received the victim's property by deceiving the above E.

B. On August 1, 2016, the Defendant: (a) at the head office of the Sinsan-gun Credit Cooperative, located in the city of 09:02, 101-1, the Defendant: (b) using a pen in the form of a written request for a deposit located in that place; (c) on August 1, 2016, “this thousand”; (d) on August 1, 2016; and (e) on the sexual name column, “C” affixed C’s seal that was stolen by the name of the C; and (e) on the sexual name column, F, as if he/she duly formed the forged written request for a deposit, he/she had a legitimate authority to withdraw the deposit from the passbook of the C’s new cooperation.

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