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(영문) 대구지방법원 포항지원 2016.11.10 2016고단985
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

피고인은 C의 시어머니로서 포항시 북구 D에서 피고인의 남편 E 명의로 F주유소를 운영하던 중 주유소 경영이 악화되자 서울보증보험 주식회사와 유류공급처인 SK네트웍스 주식회사에 대한 외상물품대금 지급을 보증하기로 하는 계약을 체결하여 주유소 영업을 계속하고자 하였다.

When the Defendant needs several guarantors for indemnity liability against Seoul Guarantee Insurance Co., Ltd., the Defendant issued C’s authorized certificate with the mind, and put C into the surety by means of digital signature using it.

1. relating to the KRW 200 million Guarantee Insurance Contract

A. On June 4, 2013, the Defendant entered into a joint and several guarantee agreement with the Defendant’s husband E in the name of the Seoul Guarantee Insurance Co., Ltd. after having access to the Defendant’s house located in the north-gu G on the website of the Seoul Guarantee Insurance Co., Ltd., and having obtained an authorized certificate in the name of C through C without the consent of the issuing authority of the authorized certificate, and entered into a joint and several guarantee agreement with the Defendant’s husband E as the primary debtor, with the amount of KRW 100,000,000,000,000 in the column of “joint and several guarantor information”, and affixed the electronic signature by using the authorized certificate of each electronic document.

Accordingly, the defendant has forged electronic records related to C's partial joint and several guarantee on rights and obligations with a view to making business process smooth.

B. The defendant is entitled to the above events, such as a letter of apology.

At the same time, at the same place as the entry in the paragraph, the electronic records in the above three names were sent to the Seoul Guarantee Insurance Co., Ltd. and were used without knowledge of such circumstances.

C. The Defendant’s fraud is above.

The facts at the same time and place as described in the paragraph are guaranteed by C's genuine will even if the partial joint guarantor did not obtain any consent from C.

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