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(영문) 창원지방법원 통영지원 2015.05.20 2013고단298 (1)
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

In fact, the defendant and C are placed in a poor economic situation around February 2013, and they are offered to receive a loan from the defendant's husband D under the name of the defendant's husband and then to receive a re-loan as security.

Around February 15, 2013, the Defendant, along with C, made a loan application in the name of the Defendant and C. However, the Defendant did not allow D to make a loan application in the name of the Defendant and C. In the form of a loan (application) agreement, the Defendant: (a) stated that “D applies to HK Savings Bank for a loan of KRW 28.9% of the loan interest rate and KRW 35 million in total for 36 months during the loan period; and (b) affixed a seal imprint stamp on the name of D; and (c) issued a written agreement for a loan (application) in the name of the victim HK Savings Bank to the employee in charge of the victim HK Savings Bank loan in the name of D; and (d) received a remittance from the victim under the name of the victim as a loan.

Accordingly, the defendant, in collusion with C, forged one copy of the loan (application) agreement in the name of D, which is a private document concerning the duty of rights without authority, and exercised the forged agreement, and obtained 35 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement concerning D;

1. The replys to the request for cooperation in investigation, the president of a general fund loan, the agreement on loan (application), the replys to cooperation in investigation, the motor vehicle register, the motor vehicle transfer certificate (for a trader), the vehicle acceptance certificate and the statement of responsibility, each investigation report, the vehicles reported theft and the discovery documents, the details of deposits, the details of savings deposit transactions, and the application of Acts and subordinate statutes of each investigation report;

1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and the choice of imprisonment, respectively.

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