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(영문) 부산지방법원 2016.06.23 2016고정1138
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the victim and the father of the victim as the victim B's streke.

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

A. On October 2, 2013, the Defendant: (a) at the Defendant’s residence located in Busan Seo-gu C and 106 Dong 3404, Busan Seo-gu, 106, and 3404, the Defendant had expressed the Defendant’s husband D to obtain a credit loan from the Defendant under the Defendant’s name in order to repay the Defendant’s debt incurred in operating the Hopon house with his husband D; (b) on October 2, 2013, “on the date of a contract” in the form of a monetary consumption lending contract; and (c) on October 2, 2013, “on October 2, 2018,” “on the date of termination of the contract,” “on repayment” in the form of redemption, “B” was used in the debt column, and “B” was forged in the form of monetary consumption contract in the name of private document B, which is related to the rights and obligations.

B. The Defendant, at the same time and at the same time, submitted a forged monetary consumption lending contract to the said corporation and the employees in charge of loan who knew of the forgery, by facsimile, as if it were a document duly formed.

2. The Defendant, by means of the foregoing paragraph 1, was unaware of the fact, not as B, but as in his/her intent or ability to repay the loan, by deceiving the Defendant as if he/she were to do so by means of currency with Busan and the lending staff, and by deceiving him/her as if he/she were to repay the loan, and by borrowing KRW 15 million from Busan and the lending Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions of the Criminal Act and Articles 347(1), 231, and 234 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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