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(영문) 인천지방법원 부천지원 2015.10.23 2015고단840
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 12, 201, the defrauded made a false statement to the effect that “The Defendant would create a mortgage on an apartment house or land under the name of the mother, if he/she fails to repay the principal and interest of the bank loan at least 60 percent, because he/she is required to pay the business fund under the pretext of tax, etc. in connection with the construction of new loans from the Yeongdeungpo-gu, Gyeonggi-gu, Seoul Metropolitan Government Ethro-gu, Seoul.”

However, in fact, the Defendant did not have any particular property or income as a bad credit holder, and did not have confirmed bank loans, and there was no idea to establish a mortgage on real estate in her mother's name. Therefore, even if borrowed money from the victim, there was no intention or ability to repay it.

Around April 18, 201, the Defendant, by deceiving the victim, received 70,000,000 won from the victim through the F’s account in the name of F on or around April 18, 201, and received 60,000,000 won through the same account on or around May 4, 2011, and acquired 130,000,000 won as a total of two occasions of borrowing.

2. Around November 21, 2011, the Defendant forged a promissory note, which is a securities, with a seal affixed to H’s name and affixed thereon, on the creditor’s column, stating “G”, “130,000,000 KRW KRW 130,000 in the amount column,” “1 November 21, 2011 in the issue date column,” and “H” in the issuer column, with a view to exercising at EXE located in Samsung-dong, Gangnam-gu Seoul Metropolitan Government.

3. On November 201, 201, the Defendant exercised a copy of a forged promissory note, as described in paragraph 2, to D, who was aware of the forgery at the residence of Yangcheon-gu Seoul Metropolitan Government 1109, the Defendant, using F, as if it were a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1.F, D,.

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