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(영문) 대전지방법원 천안지원 2018.01.19 2017고정478
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who works as C engineer.

At around 12:23 on January 26, 2017, the Defendant opened a door-to-door to be delivered to F at Asan City, E from E, and forged one copy of the deposit application in the name of G (State), a private document on rights and obligations, stating in the deposit application the name “Account H,” the claimed amount “F,” the claim amount “G,” and the deposit statement column “G,” without authority, with the intent to verify the existence of the corporate seal of G (State) and the existence of the passbook, and to withdraw the balance within the passbook, and without authority.

2. The Defendant, at the time and place specified in the above paragraph 1, presented a forged request for deposit money to I from the deposit counter staff of the victim E branch who is aware of the forgery as above, and exercised it as if it was duly formed, and acquired it by receiving KRW 730,000 in cash from I.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Request for cooperation in investigation (CCTV material) and application of Acts and subordinate statutes to the investigation report (suspect specified);

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, and the choice of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

The account holder paid the amount of damage to the account holder and agreed to do so smoothly.

It seems that the recipient of basic living is not sufficiently capable of economic situation.

However, the defendant opened the door-to-door water without permission, and then forged a written request for a deposit and withdrawn the deposit through a passbook, etc. entered therein.

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