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(영문) 창원지방법원 마산지원 2015.02.11 2014고단76
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant intended to borrow money from the victim C, but the victim demanded the surety and completed D without the consent of D to guarantee the Defendant’s loan, and forged the loan certificate and submitted it to the victim to borrow money.

1. On March 16, 2009, the Defendant forged private document documents using the computer at the “F company” office of the Defendant in Changwon-si, Changwon-si, Changwon-si, the Defendant met by September 30, 2009 the following: (a) on March 16, 2009, the Defendant drafted “J” the debtor A, address Msan-si G, surety D, and address Changwon-si; and (b) marked D seal attached in advance to D’s name.

Accordingly, for the purpose of uttering, the Defendant forged a loan certificate in the name of D, which is a private document on rights and obligations.

2. On March 16, 2009, at the victim C’s house located in Changwon-si, Changwon-si, Changwon-si around 17:00, the defendant presented a forged loan certificate to the victim that "if he/she lends 30 million won, he/she would pay interest at two copies per month and repay it until September 30, 2009."

However, at the time, the Defendant had no intent or ability to repay the Defendant’s debt with the Defendant’s debt of KRW 350 million, even if he borrowed money from the victim, and D did not have any guarantee for the Defendant’s debt of KRW 30 million against the Defendant’s victim.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim’s place of residence.

Accordingly, the defendant deceiving the victim and received property, and delivered one copy of the forged D's loan certificate to the victim as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a copy of a loan certificate;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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