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(영문) 광주지방법원 장흥지원 2015.10.22 2015고단59
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

1. On December 27, 2011, the fraud Defendant told the victim C by telephone at an unsound place, stating that “A business partner D embezzled a business fund and found it at the fixed-line casino, he/she was at the risk of being detained by assaulting D during the dispute with D, and lending KRW 18 million under the pretext of assault agreement, and if within the custody, he/she is not subject to return of the business fund.”

However, in fact, the defendant received the money and thought to use it for other purposes, not for assault agreement.

Nevertheless, the Defendant received 18 million won from the victim to the same securities account in the name of E on the same day, and acquired it as the borrowed money.

2. When the Defendant borrowed approximately KRW 250 million from F from January 2008 to September 201, 201, and demanded repayment thereof, he/she forged a letter of delegation, etc. issued a certificate of seal impression, etc., with intent to dispose of a motor vehicle in the name of F with the certificate of seal impression issued through the letter of delegation.

On September 18, 2012, the Defendant: (a) stated “F”, “G”, and “F” as “F” in the letter of delegation form for the certificate of seal imprint in the Gyeonggi-si, Gwangju-si, Gwangju-si, Gwangju-si; (b) forged a letter of delegation in the name of F by affixing a seal affixed to “F”, which had been prepared in advance to his name; and (c) exercised the false letter of delegation to the person in charge of the issuance of the certificate of seal imprinting the name-based, who is aware of the forgery.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of F, a private document on rights and obligations without authority, and exercised it.

Summary of Evidence

1. The defendant's partial statement in court is counterfeited and forged in private documents.

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