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(영문) 의정부지방법원 2013.05.03 2012고단3301
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 201, the Defendant: (a) stated in the title column “(s)”, “E”, “10,000,000 in the recipient column; (b) May 9, 201 in the publishing column; and (c) written in the description column, “F Housing Site Loan Certificate”, and “G” in the publisher column, respectively, on the receipt sheet printed in the “D” office operated by the Defendant in Namyang-si, Nam-si, 201; and (d) affixed official seal of the said G on his/her name.

Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in G name, which is a private document on rights and obligations.

2. On May 9, 201, the Defendant, at the foregoing office, delivered a forged loan certificate to E as if it were a document duly formed.

3. On May 9, 201, at the D office as described in paragraph (1) around May 9, 201, the defrauded issued a certificate of borrowing from G to the victim E who is a partner and borrowed money from G. The Defendant borrowed money.

However, in fact, the loan certificate in the above G was forged by the defendant.

As above, the Defendant, by deceiving the victim as above, issued a cashier’s checks of KRW 50 million from tin to e under the name of borrowed money, and the 2012 indictment appears to be erroneous in the year 2011.

6. 23. Receiving KRW 20 million in total from the transfer of 20 million to the Agricultural Cooperative Account in the name of Defendant Management D, on two occasions.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement of H;

1. Copy of the loan certificate;

1. Application of Acts and subordinate statutes to a copy of a cashier's check and a written confirmation on transfer without passbook; and

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of imprisonment with prison labor

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;

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