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(영문) 대구지방법원 김천지원 2017.05.23 2016고단1714
사기등
Text

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

1. In November 2014, in E operated by the victim D, who was in the old-si Sinsi Sc, the Defendant would pay the victim the amount of KRW 50 million to the victim’s KRW 70 million out of the profits he/she made an investment to B.

The phrase “ makes a false statement.”

However, the defendant had not entered into a related contract with the Korean Marina society at the time, and there was no intention or ability to distribute the profits as promised.

The defendant deceivings the victim as above and transferred 30 million won to the Agricultural Cooperative Account (Account Number:F) in the name of the defendant around November 18, 2014.

2. On November 24, 2015, the Defendant drafted a document stating that the appearance was changed in relation to the security screen to be supplied to the Korean Marina by using a computer at the office of the Defendant located in the G in the G of the G of the G of the G of the G of the G of the G of the relevant private document, and then printed out the document in the name of the “Korean Marina H” in the name of the “Korea Marina H”.

Then, on December 29, 2015, the Defendant taken a photograph of the output written at the above location, and sent it to D with a cell phone text message as if it was a document duly formed.

Accordingly, for the purpose of uttering, the Defendant forged and exercised a document in the name of H, which is a private document on proof of facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attachment of data submitted by a victim), investigation reports (in relation to attachment of recording notes), investigation reports (in relation to telephone statements by a witness), investigation reports (in relation to the statement by telephone), and investigation reports (in relation to the specified date of sending text messages

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Articles 234 and 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act (the exercise of forged private document) for criminal facts.

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