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(영문) 전주지방법원 군산지원 2017.11.24 2017고단794
절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. A thief: (a) on June 27, 2017, the Defendant takes charge of the head of the bank and the head of the bank and the corporation previously owned by the Defendant, a limited liability company E in the name of the victim and limited liability company E, which had been operated by the Defendant to be a driver of the victim C, on the front side of the bank located in the 5666 BMW passenger car back in front of the Kojin-gu, Seoul Special Metropolitan City on June 27, 2017.

L. A. L. theft was committed.

2. On June 27, 2017, around 13:58, the Defendant forged a private document stating “F”, “F”, “F in the column of amount”, and “L” in the deposit column on the paper of a written request for a deposit kept at the bank prior to the date indicated in paragraph (1) at the North Korea bank, using a black pen to enter the form of the written request for a deposit, and affixes the seal of the said limited company E, which the Defendant stolen on the next page.

Accordingly, for the purpose of uttering, the Defendant forged a letter of deposit claim in the name of limited company E, which is a private document related to rights and obligations.

3. The Defendant, at the time and place specified in paragraph 2, exercised the written request for a forged deposit to G employees of the Bank who knew of such forgery as above, as if it were a document duly formed.

4. The defrauded submitted the forged request for deposit at the time, time, and place as described in paragraph (2), and as such, as the Defendant had a legitimate right to withdraw the deposit in the passbook of the said company’s deposit account, the said G by deceiving the said G from G, i.e., to receive KRW 160 million in cash owned by the North Bank prior to the victim from G for withdrawal of deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police in relation to C and G;

1. The comprehensive list;

1. Application of CCTV Acts and subordinate statutes;

1. The type 2 (the scope of recommending punishment) of Article 329 of the Criminal Act in question, Article 231 (the occupation of the same Article in private document), Articles 234, 231 (the occupation of exercising the above investigation document), Article 347 (1) (the occupation of fraud) of the Criminal Act, Article 347 (1) of the Act, Article 347 (1) of the Act, Article 1 of the grounds for sentencing choice of imprisonment [the scope of recommending punishment] general fraud.

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