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(영문) 의정부지방법원 2017.02.14 2016고단3760
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a lending company called D (hereinafter referred to as “D”).

1. On February 5, 2014, the Defendant would make up a pledge on the right to collateral security established on a third party’s real estate by means of telephone to the victim E, with the loan of money at an annual interest rate of 18%, and until that time, the Defendant would set up a pledge on the right to collateral security established on a third party’s real estate.

The phrase “ makes a false statement.”

However, the defendant did not intend to maintain the pledge until he pays the above money.

The Defendant received KRW 40 million from the damaged party to the account in the name of D used by the Defendant on the same day.

In addition, the Defendant received from around that time to May 16, 2014 a total of KRW 170,000,000 through the same seven times as indicated in the List of Offenses 1 attached hereto.

Accordingly, the defendant was given property by deceiving the victim.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. The Defendant, like as described in paragraph 1, borrowed money from E and created a pledge on collateral security rights, but, without the consent of E, deleted the pledge and used money again from a third party.

On October 10, 2013, at the D office operated by the Defendant in Gangnam-gu Seoul F Building 403, the Defendant: (a) indicated the name and address of E in the column of the delegating Authority of the power of attorney in order to cancel the registration of the pledge established in the Seoul Special Metropolitan City Jung-gu Seoul Special Metropolitan City, Seoul, to cancel the registration of the pledge right; and (b) marked E’s name, resident registration number, and address in the pledgee column of the termination certificate; and (c) marked E’s seal.

Accordingly, for the purpose of exercising, the defendant specified each of the delegations and termination certificates in the name of E, a private document on rights and obligations.

In addition, from around that time to June 5, 2014, the Defendant, along with the letter of delegation and termination 10 times as shown in attached Table 2.

(b) event of the above investigation document;

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