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(영문) 수원지방법원 성남지원 2016.07.06 2016고단1174
사기등
Text

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

Reasons

Punishment of the crime

On August 2014, when the Defendant was faced with economic difficulties, such as bearing a large amount of debt due to the aggravation of the management of a child-care center operated by himself, the Defendant forged a loan transaction agreement, etc. under the name of his husband B, which was his husband, and subsequently, had obtained consent from B to provide the real estate owned by him as security, he was aware that he belongs to C and acquired money by borrowing money.

1. On August 8, 2014, the Defendant forged private documents, stating “B”, “D”, “B” in the resident registration number column, “B” in the debt column, and “B” in the debt column as of August 8, 2014, and “B” in the name of B, without authority, in the coffee shop where the trade name south-dong at the Gyeonggi-si, Gwangju-si, without authority, cannot be known, for the purpose of exercising the credit service provider C’s only.

B’s seal impression in the name of B is affixed to the debtor in the form of “B” and the person establishing the right to collateral security in the form of “B”, “B 3,000,000 won in the highest amount of credit,” “B” in the column of preparation date, “B” in the column of debt, and “B” in the column of debt,” and “B” in the column of indication of real estate in Gyeonggi-do, and thereafter, prior possession in the name of B was made.

B’s seal impression has also been sealed.

In this respect, the Defendant, without authority, committed each of the following acts: (a) a loan transaction contract under the name of B, which is a private document related to rights and obligations; and (b) a mortgage creation contract.

2. On August 8, 2014, the Defendant: (a) introduced a nameless winner as the husband of the Defendant, stating that “If he/she lends KRW 20 million to the Plaintiff, he/she shall offer the Victim C with the answer 1,368 square meters as security; and (b) he/she shall repay the borrowed money to the Plaintiff until August 8, 2015; and (c) the interest shall pay 2% per month.”

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