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(영문) 울산지방법원 2017.02.02 2016고단2837
사기등
Text

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

Reasons

Punishment of the crime

1. On April 15, 2016, the Defendant intruded into a cafeteria, operated by the victim C on April 11:10, 2016, and invadedd into a cafeteria, and then stolen BNK, which was the victim’s possession, kept in the room room, with one head of the Tong, one painting, and one file documents.

2. On April 15, 2016, the Defendant entered “E”, “E, 25,000,000”, and “F” in the deposit note column in the column of account in the form of a written request for a deposit kept at the branch of the BNK Busan Busan Busan Bank located in Ulsan-dong, Busan-dong, Busan-do, Busan-do, as of April 15, 2016, and subsequently stolen the same as paragraph (1).

F's seal has been stamped.

Accordingly, for the purpose of uttering, the Defendant forged a letter of request for deposit in F, a private document related to rights and obligations.

3. The Defendant, at the time and place specified in paragraph 2, exercised the foregoing investigation document by delivering the forged request form to an employee under the name of the said bank, who may have knowledge of such fact, as if it was duly formed.

4. Although the Defendant, at the time, and at the place specified in paragraph 2, stolen the passbook in the F’s name as set forth in paragraph 1, and did not have any lawful claim against the balance of the said account, the Defendant, at the same time and place, submitted a forged deposit application and the passbook to the victim BNK Gyeong-nam, and received KRW 25 million as the withdrawal of the deposit from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions of ordinary deposits, requests for deposits, and application of Acts and subordinate statutes on CCTV screens;

1. Article 319(1) of the Criminal Act in relation to the facts constituting an offense (the point of intrusion on a structure), Article 329 of the Criminal Act (the point of section 329), Article 231 of the Criminal Act (the point of section 231), Articles 234 and 231 of the Criminal Act (the point of exercising the said investigation document) and Article 347(1) of the Criminal Act (the point of fraud)

1. Selection of the penalty;

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