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(영문) 의정부지방법원 2015.07.17 2015고단1809
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force】 On November 25, 201, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Daejeon District Court Branch of the Daejeon District Court on November 25, 201, and the said judgment was finalized on December 3, 2011.

【Criminal Facts】

1. At around 14:00 on April 16, 2010, the Defendant: (a) obtained a loan as security for the 2nd floor C Office at Guri-si B; and (b) obtained a loan for the e-mailC car, D owner; (c) obtained a “D” on the debtor’s name column of the loan transaction contract using an unsatisfing pen; and (d) affixed a prior seal attached to the name of the Defendant.

Accordingly, for the purpose of uttering, the Defendant forged a loan transaction contract in the name of D, a private document on rights and obligations.

2. The Defendant, at the above date and place, submitted to the F of C Company F a document that may not be aware of the fact that it was a document that duly formed a forged loan transaction agreement.

3. The Defendant concluded a loan agreement with the victim F under the name of D, as if it had been permitted by D, at the above date, at the above time, and at the above place, provided the victim F with the passenger car in the above name D as security.

However, in fact, the Defendant was unable to obtain a loan under the above D name because it was not allowed by the above D to enter into a loan agreement or to provide the said car as a security, and there was no intention or ability to repay the said money even if it was given a loan from the victim.

As above, the Defendant, by deceiving the victim, received 14.6 million won from the victim, as a loan, from the victim, to the agricultural bank passbook in the name of D.

Summary of Evidence

1. Defendant's legal statement;

1. G statement in the second police interrogation protocol against the accused;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of H and D;

1. A loan contract, complaint, and a statement of transactions;

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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