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(영문) 서울남부지방법원 2020.04.08 2019고단6219
위조사문서행사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant could not receive “C Loans” from a bank for employees with certain income, and failed to submit a forged certificate of employment, etc. as if he was paid benefits, in order to obtain a loan.

1. On March 20, 2019, the Defendant: (a) obtained a false statement of employment certificate in the name of the Co., Ltd. and a statement of payment, one copy of Kwikset Service Delivery; and (b) sent it to the employees in charge of B, a false statement of forgery to the effect that “the Defendant is actually receiving benefits of KRW 2,635,380 each month while working in D,” from a false statement in name; and (c) exercised it by facsimile.

2. On March 20, 2019, the Defendant filed an application for a loan by facsimile with the content that “the Defendant is actually receiving KRW 2,635,380 per month’s benefits while working in Company D while working in Company D” with employees of the Victim B Co., Ltd. (hereinafter “victim Bank”) at a place where it is unknown on March 20, 2019.”

However, in fact, the Defendant, by submitting a forged employment certificate, etc. as if he was paid benefits even if he did not receive benefits from office, had the employees in charge of the victim bank deceivings the employees of the victim bank and received 16 million won as loans from the victim bank around March 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A letter of notification of the submission of false data, a loan transaction agreement, a certificate of employment, and a salary statement;

1. Application of Acts and subordinate statutes concerning the details of transactions in B banks;

1. Articles 234 and 231 of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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