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(영문) 대전지방법원 천안지원 2019.02.14 2018고단2321
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 Power] On January 29, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of one year and two months for fraud, etc. in the Daejeon District Court Branch of the Daejeon District Court, and the said judgment became final and conclusive on February 6, 2016.

【Criminal Facts】

1. On November 10, 2013, the Defendant forged private document: (a) around the same day, the Defendant borrowed KRW 10 million from B’s house located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to borrow KRW 30 million, plus KRW 20 million from B; and (b) was demanded to request joint and several sureties to prepare a loan certificate; (c) the Defendant had the name of the Defendant’s resident registration number, who is a joint and several surety, affixed a stamp on the paper of the loan certificate without authorization, with the intention to exercise the right and duty of the surety; and (d) the date of repayment “one money” was “30 million won (Won three hundred million won)” to the “one money” column; and (e) the Defendant’s personal information on the “date of preparation” column “the debtor’s name on October 11, 2014; and (e) the name and duty of the Defendant’s resident registration number, and the name and seal of D, the name of D in advance, the name of D.

2. At the time and place specified in paragraph (1) above, the Defendant: (a) delivered a forged D’s loan certificate to B, who is unaware of the fact, as if it had been duly formed, at the time and place specified in paragraph (1).

3. The fraud Defendant told the victim B at the time and place specified in the above paragraph (1) that “I wish to pay the amount agreed upon by the son E, which is necessary to pay a traffic accident, and if I lend the amount of KRW 20 million, I will pay it after one year. I want to put D as a joint guarantor. I wish to attend the workplace.”

However, the Defendant borrowed KRW 25 million from the victim in 2010 and started operating the cafeteria, but from around 2012, it was instructed to demand the damages from the surrounding areas due to the business depression, gambling, etc. of the cafeteria, and on November 2013, the profits from the operation of the cafeteria at around 2013, the interest on the existing loan that is paid in the amount of KRW 6 million per month.

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