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(영문) 서울동부지방법원 2016.01.13 2015고단3098
사기등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On March 2, 2014, the fraud Defendant would lend money to the victim C (this name D) at the mutual infinite coffee shop located in Gangnam-gu Seoul Samsungdong, Gangnam-gu, with the interest accrued therefrom.

“A false month,” and the same month

3. A loan certificate prepared in the name of E was issued to the victim.

However, in fact, the defendant was merely the author's intent to use the money received from the injured party as investment funds such as personal futures options, and did not think again, and the E's loan certificate was also forged for the purpose of deceiving the injured party.

The Defendant received from the injured party the Defendant’s account in the name of each type F, KRW 95 million on March 4, 2014, KRW 90 million on the same account on April 17, 2014, and KRW 185 million on the aggregate.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 3, 2014, the Defendant who forged a private document or exercised the above-mentioned document will borrow from D on March 3, 2014, “the loan certificate, daily cash set, and the above-mentioned amount regularly borrowed from D in blank in the color of tamping glus. The interest rate shall be two copies per month (2.5%) and five percent per month.

On March 3, 2014, the term “resident number G, name E, and D return,” was written, signed by E, and read to C who knows the forgery at the place specified in paragraph 1.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in the name of E, a private document on rights and obligations, and exercised it.

Summary of Evidence

1. The defendant's second oral statement;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of a loan certificate (Evidence No. 2), deposit certificate, investigation report (Evidence List No. 32,69)

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 231, 234, 231, and 231 of the Criminal Act concerning the selection of punishment for the crime, the choice of imprisonment for each of the following reasons:

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 62 of the Criminal Act:

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