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(영문) 서울동부지방법원 2017.01.24 2016고단3546
사기등
Text

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

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for embezzlement, etc. at the Seoul Northern District Court (Seoul Northern District Court) on December 5, 2014, and the judgment became final and conclusive on December 5, 2014. On May 13, 2016, the said judgment became final and conclusive on December 1, 2016, by having been sentenced to six months of imprisonment and one year of imprisonment for fraud, etc. at the same court.

Defendant

On February 2, 2014, the first police officer purchased a vehicle without the X's permission in order to repay the debt of KRW 13 million owed by the Defendant to W, and conspired to obtain the loan and pay W with some of the money.

Accordingly, on February 3, 2014, the Defendant called to X and stated the Defendant’s phone number as X’s phone number while making a loan application under the name of X and providing it to the Hyundai Capital Co., Ltd., the Defendant confirmed that, around February 4, 2014, according to the direction of the Defendant, the O received documents necessary for the loan, such as a certificate of seal imprint, from e.g., X in the e., in the e., in the e., in the e., in the e., in the e., in the e., in the Y loan brokerage office located in Incheon-gu, the Defendant received documents necessary for the loan from the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., X’s phone number.

Accordingly, the name influence of the above employee, who is unaware of the fact, prepared a "application for the loan of modern capital" in the name of X on the same day, and had X submit the same as the loan application to the victim Hyundai Capital Co., Ltd. through AA operating the installment financing brokerage business.

As such, the defendant and theO conspired to forge the above application, which is a private document with respect to the rights and obligations of X name, to the victim Hyundai Capital Co., Ltd.

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