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(영문) 수원지방법원 안양지원 2017.03.17 2016고단1635
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be postponed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 27, 2012, the Defendant: (a) obtained a loan of KRW 50,00,000 as security at the 1111 Enterprise Bank Name C and 102 at the 111th Enterprise Bank Name C and 102, in an amount inside the territory of the Defendant; (b) in fact, the said real estate obtained a lease and lease of KRW 70,000,000, the Defendant forged the certificate of free rent in the name of D without authority for the purpose of exercising the right to use the loan; and (c) submitted it to an employee in charge of loaning the name-free loan without authority.

2. In applying for a loan to an employee in charge of the lending of the victim company bank at the above date, at the above time, at the above time and place, the defrauded knew that D who resides in the above real estate owned by the Defendant, the collateral security, is living free of charge, and as above, submitted a forged D certificate of free rent under the above name, and acquired it by borrowing KRW 50,000,000 on the same day from the victim.

Summary of Evidence

1. The defendant's legal statement (as to the comparison of private documents as indicated in the judgment)

1. The defendant's partial statement (as to the exercise of the above investigation document and the fraud in the judgment)

1. Two-time suspect examination protocol with regard to D;

1. Statement made by the police for E;

1. Investigation reports (Submission of suspect A's certificate of financial transactions and filing of documents for loans to corporate banks);

1. Application of statutes on a copy of the certificate of free lease;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act (the point of fraud), and each choice of imprisonment with prison labor;

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 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - Unfavorable circumstances: The method by which the defendant acquired the amount of the loan by means of a forged document under the father’s name is poor; - favorable circumstances: the defendant.

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