beta
Text
Defendant shall be punished by a fine of KRW 7,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On June 4, 2010, the Defendant: (a) stated that the Defendant borrowed KRW 5 million from D Co., Ltd. office located in Western-gu, Seo-gu, Seocheon-gu, Seocheon-gu, by means of a computer, a loan certificate; (b) stated that the Defendant borrowed KRW 5 million on a salary for employees working at the two-site site of the Gwangju Housing Site; (c) stated on the date of the loan on June 4, 2010; (d) stated on the date of payment on the date of payment, “F of the Representative Member (Joint)” (E); and (d) written on the borrower’s column, “F of the Vice-Party (Joint) A” in the borrower’s column; and (e) affixed a seal imprint in the name of the F.
Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the borrowed certificate in the name of E, a private document related to rights and obligations.
2. The Defendant: (a) delivered to G, at the time, and at the place specified in paragraph (1), any forged loan certificate was actually established; and (b) exercised the same.
3. The defrauded presented the above loan certificate to the victim G by stating that “The amount to be used as wages of employees employed by E needs to be paid to the borrower” is to be repaid if he/she lends the borrowed money to E as the borrower.
However, as above, the above loan certificate was written by the defendant at will without the consent of the representative F, and the money borrowed from the victim was not borrowed from E to pay employee's wages employed by E, and the defendant presented the above forged loan certificate for personal borrowing of money.
The Defendant, as such, by deceiving the victim, received five million won from the victim’s new bank account in the name of the Defendant on the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and F;
1. Part of the protocol of interrogation of the police against the accused (G and each substitute part of F);
1. G, F.