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(영문) 대구지방법원 김천지원 2016.04.07 2015고단1127
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

"2015 Highest 1127"

1. On March 24, 2014, in D D D operated by the Defendant in Kimcheon-si, Kimcheon-si, the Defendant did not have any asset as a bad credit, and even if the Defendant borrowed money from others without any asset, the Defendant did not have the intent or ability to repay the said money. Even if the Defendant was thought to have lent money to the victim E to be used as money for Internet gambling, it is necessary to pay the expenses for his/her father’s children

A loan of KRW 5 million shall be paid with interest of KRW 100,000 per month within three months.

“Along with the fact that the Defendant was transferred to the Saemaul Treasury account in the name of the Defendant on the same day from the victim, and that time from around that time to early February 2015, the Defendant received or remitted KRW 20,720,000,000 from the victim E, including the sum of KRW 1,522,000,000 from the victim E, and KRW 2,572,00,000,000,000 from the victim F, and KRW 3,50,000,000,000 from the victim G.

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

A. On July 2, 2014, the Defendant borrowed KRW 1 million from H from the multilateral bank of the preceding paragraph at around 14:00 on July 2, 2014, without authority, to repay the said amount by July 20, 2014 without authority for the purpose of exercising the right.

The following facts are stated as "D D D D multilateral loan I in Kimcheon-si, Kimcheon-si, and one copy of I, a private document concerning the duty of rights, shall be forged, and the above H shall be delivered to the above H, who is aware of the forgery at the seat, as if he were duly formed, and exercised the above loan certificate.

B. On July 22, 2014, the Defendant: (a) borrowed KRW 1 million from H to the original column of the borrowed instrument without authority; (b) “Won 1,000,000”; (c) “The amount above shall be borrowed on July 22, 2014 and repaid by August 25, 2014”; and (d) “the clerk’s column” shall read “Fon 22 July 2014” and “I” in the debt column.

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