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(영문) 수원지방법원 2012.10.31 2012고단286
사기등
Text

The defendant is punished by imprisonment with prison labor for three months with prison labor for the defendant 2012 Highest 362, and the first crime in the Decision 2012 Highest 286, respectively.

Reasons

Punishment of the crime

[Criminal Power of Crime (previous 37 of the Criminal Act)] On October 30, 209, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for violating the Certified Judicial Scriveners Act by the Suwon District Court on November 7, 2009, and the judgment became final and conclusive on November 7 of the same year. On January 31, 2011, the same court was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the crime of occupational embezzlement, and the judgment became final and conclusive on February 8

[2012 Highest 286]

1. Crimes against K of Victims;

A. On July 27, 2010, the Defendant embezzled: (a) around Suwon-si L, the Defendant would receive KRW 64 million from the victim K to receive KRW 64 million for the amount of goods that he/she did not receive from the owner; and (b) if the Defendant bears KRW 5,50,000,000,000, out of the deposit necessary for the provisional seizure of claims, the Defendant would provisionally seize claims; and (c) would also return the deposit by August 30, 2010; and (d) included KRW 5 million for the provisional seizure of claims from the victim, and kept it for the victim.

Nevertheless, around August 2010, the Defendant embezzled 5.5 million won of the above money owned by the victim under the pretext of personal debt repayment, etc.

B. When the Defendant, after forging an official document, demanded the above K to prove whether to deposit money, he had the intent to forge the relevant statement of deposit (acceptance) and present it to K.

On September 2010, the Defendant stated “A” in the name of the court in the deposit amount column “K and the depository column” and attached the name of “K and the depository” in the case column with the name of “Seoul District Court 2010Kadan5645, the provisional seizure of claims,” “provisional seizure guarantee” in the deposit cause column, “K” in the name of the depository, and “K” and the name of the depository in the name of the depository, and attached the name of “K and the agent column,” written in the document issued in another case following the name of the depository at the bottom of the document stating the statement that the deposit will be accepted.

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