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(영문) 전주지방법원 정읍지원 2013.09.24 2013고단457
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a caregiver in charge of the victim B, had the victim suffering from dementia diseases by theft of bankbooks and seals owned by the victim and had the victim pay the overdue credit card price.

1. The Defendant: (a) around 19:00 on July 14, 2013, at the time of the Victim B’s house located in Go Changwon-gun, Go Changwon-gun; (b) had one head of the Nonghyup and one seal, which was kept in custody in his/her inner harassment; and (c) stolen it.

2. At around 08:20 on July 16, 2013, the Defendant: (a) stated “D” in the account number column, “T million won” in the face amount column, and “B” in the name column; and (b) affixed the above B’s seal, which was stolen on the name subsequent to the Defendant’s name, on the written request for deposit located in the office of the head office of the Jinsan-gun, Jinsan-gun, Jinsan-gun, Jinsan-gun, Chungcheongnam-do.

Accordingly, for the purpose of uttering, the Defendant forged a letter of deposit claim in the name of private document B, which is a private document on rights and obligations.

3. The Defendant, at the time, and at the place specified in paragraph 2, delivered the forged request for deposit to E, an employee of the Daesung Agricultural Cooperative, who is aware of the forgery, as if it were the document duly formed.

4. The criminal defendant presented a forged deposit claim and passbook to the above E at the date, time, and place mentioned in Paragraph 2, and talked as if he were the children of this case, and made a false statement as he was the legitimate right holder of deposit.

The Defendant, by deceiving the above E in such a way as above, received 3.5 million won in cash, which is the possession of the victim M&C, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A E-document;

1. A detailed statement of savings deposit transactions and a statement of withdrawal money;

1. Application of the Acts and subordinate statutes governing passbooks and seals stolen by the suspect;

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

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