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(영문) 부산지방법원 2015.11.26 2015고단5476
사기등
Text

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

On October 14, 2015, the Defendant was sentenced to imprisonment with prison labor for 8 months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death or Injury resulting from Dangerous Driving) in Busan District Court's branch branch branch court, and the judgment was finalized on October 22, 2015

The Defendant was aware of the fact that he was paid monthly disability pension to the accounts of community credit cooperatives established in B’s name, and was willing to withdraw money from the said accounts to raise money to resolve his debt.

1. On May 6, 2015, around 09:14, the Defendant forged B’s statement of money in the name, “D” on May 6, 2015, stating “B” on the bank account column, “B” on May 6, 2015, for the purpose of carrying out B’s seal affixed on B’s name and seal, at the 81 gold-gu Office located in Busan Geum-gu, Geum-gu, Busan, and without B’s permission, after obtaining the passbook and seal from the account holder of the community credit cooperatives account of B in his custody.

2. The Defendant, at the time and place under paragraph (1), issued a forged monetary check as if it were duly formed, and exercised it.

3. The Defendant, by submitting forged monetary statements as stated in paragraph (1) at the time and place under paragraph (1) as if they were genuinely formed, deceiving employees of the victim’s community credit cooperatives and gold-dong branch offices, thereby deceiving the victims’ deposit money of KRW 3.5 million from the above employees.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A copy of the statement of money, and a certificate of details by member trading account;

1. Before ruling: Application of Acts and subordinate statutes concerning criminal records and prosecution records;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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