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(영문) 대구지방법원 2018.11.09 2018노1882
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the forgery and uttering of each private document that misleads facts, the Defendant only prepared documents necessary for the loan in the name of Y upon request from Y to arrange illegal loans. As such, each private document forgery and accompanying crime are not established.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant may recognize that the Defendant prepared a loan-related document by stealing his/her name without permission, as stated in the lower judgment, and the Defendant’s above assertion is without merit.

1) Y had an investigative agency borrowed money from the CI loan company operating A and borrowed money several times to dispose of other debts.

At this time, A would like to inquire into whether additional loans and low interest loans can be granted.

(1) It is limited to the issuance of documents such as a certified copy of resident registration, business registration certificate, etc. at his request, and there is no permit to obtain a loan from another financial institution under its name

After being notified that a vehicle was purchased in the name of the Republic of Korea, A has consistently made a statement to the effect that “A has become aware of the fact of fraud by stealing the names in the Republic of Korea using the above documents and by other persons.”

2) On a consistent basis from the investigation agency to the court below’s court, A’s official crime investigation agency’s “Y’s automobile sales contract, vehicle purchase fund, and deposit of deposit money will be Y’s loan.”

It is true that the defendant was similar to Y.

At the same time, YAD made a car sales contract and a loan contract in its name while YAD and YAD.

Y state that the person was only the person who suffered damage to the loan application and did not participate in the crime.

A and Y.

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