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(영문) 대구지방법원 영덕지원 2015.05.13 2015고단30
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. A thief, around 09:00 on December 18, 2014, the Defendant: (a) committed theft by taking one copy of the Defendant’s deposit passbook, which is the victim’s possession, at the victim’s hand room located in his/her house located in Young-gu, Chungcheongnam-gun, Chungcheongnam-do. (b) on the part of the victim C, who was living in his/her house in his/her territory; and (c) was stolen.

2. Around January 2014, the Defendant: (a) came to know of C’s resident registration number as C took a guarantee for the lending of private documents; (b) was unable to use his/her mobile phone on the grounds of delinquency in charges; and (c) was able to obtain a loan under C’s name by advertising for the lending of his/her mobile phone to temporarily use the mobile phone under C.

On December 18, 2014, the Defendant stated that “The maximum amount of loans is KRW 3,00,000,000 on the contract date, December 18, 2014, December 18, 2017, 34.9% on the expiration date, and 34.9% on overdue interest rate,” in the column for approval for the application of the contractual terms and conditions, the Defendant stated “The resident registration number and the customer name C” in the column for the application of the contractual terms and conditions, and signed “C” in that column.

Accordingly, for the purpose of uttering, the Defendant forged a loan transaction contract in the name of C, which is a private document on rights and obligations.

B. The Defendant above A.

In order to obtain a loan from the original loan company at the time and place specified in paragraph (1), “C” was written in the column for the major contract terms and conditions of the loan transaction contract, stating “The maximum amount of the loan is KRW KRW 3 million, the date of the contract, December 18, 2014, the expiration date of the contract, December 18, 2017, the loan interest rate of KRW 34.9%, the overdue interest rate of KRW 34.9%, and the overdue interest rate of 34.9%,” and signed “C” in the column for approval of the application of the contract terms and conditions.

Accordingly, the defendant is a private document related to rights and obligations for the purpose of uttering C.

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