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(영문) 인천지방법원 2014.07.25 2014고합99
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Forgery of private documents and the display of private documents;

A. On November 27, 2012, the Defendant: (a) did not have obtained the Defendant’s permission to refer the amount to the Defendant’s bank located in the school-interest Dong, Nam-gu, Incheon; (b) however, the Defendant confirmed that “amount: 00 million won (770,000,000)” and the said amount was leased from the obligee D by the obligor C from the obligee; (c) prepared and printed a loan certificate, stating that “The amount was KRW 70,00,000,000)” and then affixed C’s seal prepared in advance to the name of the said C, with the intention of exercising authority, forged C’s private document loan certificate, which is a private document on rights and duties without authority.

B. The Defendant, at the same time and at the same place, delivered to D, who is aware of the forgery, a forged E’s loan certificate as if it were a document duly formed.

2. Around November 27, 2012, the Defendant presented a forged loan certificate, etc. to the victim D in front of the Incheon District Auction Law of the Incheon District Court located in Nam-dong, Incheon, Nam-gu, Incheon, to the effect that “If he lends KRW 70 million out of the dividend, he would create a collateral security on the land owned by his parents and sell the said land to repay the existing debts together.”

However, the above loan certificate was forged, and even if the defendant borrowed money from the victim, the parent of the defendant did not have an intention to set up a collateral on the land in the name of the victim and did not have an intention or ability to pay the loan money.

The Defendant, as such, deceiving the victim, has the right to KRW 176 million to check cashier's checks, KRW 100 million to check cashier's checks, KRW 10 million to the victim.

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