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(영문) 수원지방법원 안산지원 2012.09.25 2012고단1247
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around December 2008, the Defendant made a false statement to the victim B, “If he/she invests 20 million won as he/she needs to make an investment in performing clothes business, he/she will pay 20% interest per annum to the victim B at a non-cafeteria located in Seocho-gu Seoul Metropolitan Government Seocho-gu.”

However, even if the victim received money from the victim, there was no intent to invest in the clothes business, and there was no ability to pay the money.

On December 29, 2008, the Defendant received a total of 19 million won from the victim to the account in the name of the Defendant, respectively, and received 10 million won from the victim on December 29, 2008, 21 million won on January 12, 2009, 27 million won on February 25, 2009, 200 million won on February 25, 2010, and 5 million won on February 26, 2010.

As such, the Defendant was given property by deceiving the victim.

2. When the Defendant demanded a loan certificate for the money invested as above, he had the intent to prepare a loan certificate in the name of joint and several sureties C and deliver it to the victim.

around May 6, 2010, the Defendant, using a computer at the D office located in Guro-gu Seoul Metropolitan Government (Won 20,000,000 won);

2. The due date: October 10, 2010;

3. Interest: 400,000 won per month;

4. Method of payment: Payment to B by the 10th day of each month;

Joint and Several sureties: E, resident registration number, address: He stated "F apartment Nos. 107, 701, 107 Dong-gu, Ansan-si, Gyeonggi-do, and signed C in the name next to C.

For the purpose of exercising, the Defendant forged one copy of the loan certificate in the name of C, which is a private document on rights and obligations.

3. The Defendant, at the time, at the time, at the place specified in Paragraph (2), set up a forged loan certificate, and then sent the can file to B’s e-mail (G) as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. The police statement concerning B;

1. A copy of the passbook, a certificate of borrowing, Supreme Court.

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