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(영문) 춘천지방법원 2014.01.07 2013고단801
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who was working as the head of the credit team at the victim E Bank F Branch from January 29, 2010 to January 20, 2013 for the fraud of loans, fabrication of private documents, and uttering of an investigation document by stealing the name of D.

On January 20, 201, the Defendant received KRW 100,000,00 from D (former name: G, death on August 5, 2012) as a regular deposit and kept a copy of D’s resident registration certificate necessary for opening an account from D, while opening a regular deposit account.

In the meantime, the Defendant was faced with a situation in which the amount of KRW 4,16,00,000 per month should be repaid as principal and interest on the account of failure of stock investment, etc., and the Defendant was in the possession of copies, etc. of D’s resident registration certificates, etc. as above, by stealing D’s name, used the same as that of D’s periodical deposit to receive money from the victim bank as a collateral for the use of D’s loan from D’s bank.

On January 24, 2011, the Defendant used the copy of D’s resident registration certificate, etc. kept as above, and indicated D’s name and affixed D’s seal in the loan transaction agreement, stating D’s name and affixed D’s seal in advance to the name and attached to D’s name.

On January 24, 2011, the Defendant continuously delivered to I, who is a person in charge of credit management business of F branch, one copy of the above forged loan transaction agreement, as if it were duly formed, and then borrowed KRW 20,000,000 from the victim bank under the name of D.

As a result, the Defendant, for the purpose of exercising authority, forged a letter of loan transaction agreement in the name of D, which is a private document concerning rights and obligations without authority and exercises it, and acquired 20,000,000 won by borrowing from the victim bank, and acquired it by fraud. The attached Form is from around that time to January 20, 2012.

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