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(영문) 대전지방법원 2020.03.20 2019고단3666
사기등
Text

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

except that 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

1. On March 31, 2015, the fraud Defendant made a false statement to the victim D, “AC Association” located in Seo-gu Daejeon, Daejeon, that “I would make it necessary to pay money as a surety, and use and pay money only for one year.”

However, in fact, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim because he did not have any consent to guarantee the debt of the borrowed money even from the defendant E.

The Defendant, by deceiving the victim as above, obtained the money from the victim to the F bank account (number: G) in the name of the Defendant on the same day.

2. On March 31, 2015, the Defendant: (a) borrowed KRW 29.4 million from “C” located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) borrowed KRW 20,9.4 million from the upper end of the paper A4; (c) borrowed money as of March 30, 2015; (d) borrowed money as of March 30, 2015; and (e) sealed E’s seal held in advance as of “E”.

Accordingly, the Defendant forged the personal information, signature, and seal of the guarantor E among one copy of the loan certificate in the name of the Defendant.

3. At the date, time, place, etc. mentioned in the above 2. Paragraph (2), the Defendant: (a) delivered to the said D one copy of the forged loan certificate, as if the surety was genuine.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning D;

1. Written complaint and petition filed by D;

1. E’s response;

1. Investigation report (to hear suspect A's oral statements by telephone);

1. Application of Acts and subordinate statutes to loan certificates, deposit certificates, and deposit transaction statement;

1. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, and Article 234 of the Criminal Act for the crime;

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