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(영문) 부산지방법원 2014.02.20 2012고단7993
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

Around October 10, 2011, the Defendant agreed to divorce with C, who is the husband, but was in dispute due to the issue of paying consolation money, and attempted to receive KRW 80 million from D and withdraw the intermediate payment of apartment land owned by C, which C sold to D at the time, and take them into account, and received from D around the 19th day of the same month to request D to pay intermediate payment first on a day more than the 20th day of the same month, which is the date of payment of intermediate payment under the contract, and received a remittance of KRW 80 million from D to the account in the name of C (Account Number E).

1. On October 19, 201, around 11:15, the Defendant forged private documents, at the location of Kucheon-dong, Busan, a bank located in Seocheon-dong, Busan, the Defendant entered “E” in the account number column, the amount column, and the name column “C” in the written request for deposit located therein, and affixed C’s seal attached by the Defendant on his name.

Accordingly, the defendant, without authority, forged a letter of deposit claim in C name, which is a private document on rights and obligations for the purpose of uttering.

2. The Defendant at the same time, at the same place, delivered a forged deposit claim to F, an employee of the said bank, who was aware of the forgery, as if it were a document duly formed.

3. The Defendant, at the same time and place, presented one copy of the forged deposit application, and committed as if he were delegated by C with the authority to withdraw deposits in respect of KRW 80 million, and as if he had a legitimate authority to withdraw deposits in C’s account, by deceiving F, and was issued KRW 80 million in cash, which is the ownership of the victim bank, from F.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The second police interrogation protocol against the accused (including the third police interrogation protocol);

1. A protocol of suspect examination of G police officers;

1. Statement of the police with C 1.

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