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(영문) 부산지방법원 서부지원 2020.05.19 2020고정90
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 13, 2017, the Defendant forged private documents: (a) indicated “D”, “E”, and “F” in the name column in the account column to transfer the C transaction application form to the account number column with an influence tool at the seat number column at the location of the Cbank B located in Busan Northern District; and (b) stamped the network F seal prior to the name column.

Accordingly, for the purpose of uttering, the Defendant forged one copy of a written application for transaction in the name of the networkF, which is a private document on rights and obligations.

2. The Defendant, at the time, at the time, at the place specified in paragraph (1) and at the place, submitted one copy of the application for transaction in the name of the networkF, which was forged, to G, an employee of the Cbank, who is aware of the fact, and used the forged private document as if it were duly formed.

3. As if the Defendant was authorized to transfer money deposited in the bank account (Account Number: D) in the name of the Defendant from the networkF at the time and place as set forth in paragraph 1, the Defendant submitted to G, an employee of the Victim C Bank, a forged networkF, a written application and passbook in the name of the Defendant, as set forth in paragraph 1, and received KRW 3,067,00,000, which was deposited in the said account in the name of the said networkF from G, to the said account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Application of investigative reports (F death dates and confirmation dates of death reports), investigation reports (written statements of suspect transactions) Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and defense counsel regarding the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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