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(영문) 수원지방법원 안양지원 2015.08.27 2015고단782
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is running Internet shopping mall business.

Due to failure, many debts were borne by the defendant, who is the defendant's father Cmere Co., Ltd., with the intention to obtain a loan by using D apartment No. 203 301, 301.

1. Forgery of private documents;

A. On June 14, 2012, the Defendant forged a joint and several surety loan agreement and entered into a loan agreement with the victim F as interest of KRW 80 million at the office of the loan broker E near the Seoul Special Metropolitan City Gwangjin-gu office, and entered into the loan agreement with the victim F as interest of KRW 2.5% per month, indicating “C” in the column of the joint and several surety with the color pen affixed to the loan agreement, and affix C’s seal attached thereto.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of a joint and several guarantee agreement in the name of C, a private document on rights and duties.

B. The Defendant entered into a loan agreement at the same date, time, place as in the preceding paragraph, and as above, stated “C” in the column of the joint and several liability surety using a color pen with the seal affixed to the loan certificate, and affixed C’s seal affixed thereto.

Accordingly, the defendant, for the purpose of exercising authority, forged a letter of joint and several sureties's loan certificate which is a private document related to rights and duties.

2. The Defendant, at the same time, at the same place as paragraph (1) and at the same place as that of paragraph (1), issued to the loan broker E a forged loan agreement and a joint and several guarantee certificate as if they were duly formed.

3. The Defendant, at the time, at the same time and place as Paragraph 1, entered into a loan agreement as above, stated “C” in the form of a promissory note bearing a face value of KRW 120,000,000 in face value, and affixed C’s seal carried in advance following the name of the issuer.

Accordingly, for the purpose of exercising rights, the Defendant is entitled to set up a promissory note in C’s name.

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