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(영문) 서울동부지방법원 2017.05.31 2015고단3766
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

【The Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Southern District Court on June 13, 2013, and the judgment was finalized on August 9, 2013. On June 25, 2015, the Seoul Eastern District Court sentenced one year to imprisonment for embezzlement, etc., and the judgment on September 10, 2015 became final and conclusive on August 26, 2015. On August 26, 2015, the Incheon District Court sentenced one year and two months of imprisonment and four months of imprisonment for fraud, etc., and the judgment on December 10, 2015 became final and conclusive.

【Criminal facts, using the custody of Q’s seal, the Defendant submitted an application for a loan in the name of Q to the lending company, and attempted to obtain a loan in the name of Q from the lending company and obtain the loan in the name of Q from the lending company to acquire the loan.

1. Crimes committed on November 27, 2012;

A. On November 27, 2012, the Defendant forged a private document: (a) on the part of the applicant column of “R installment financing (application) agreement”; (b) Q, resident registration number column; and (c) Geumcheon-gu Seoul Metropolitan Government’s Geumcheon-gu Seoul Metropolitan Government’s Seoul Metropolitan Government capital column; (b) stated Q, etc. in the applicant column; and (c) held in advance following Q Q’s name.

Q’s painting was stamped.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the above agreement in Q name, which is a private document on rights and obligations.

B. The Defendant, at the time and place specified in paragraph (a), exercised the forged agreement as if it had been duly formed with respect to an employee who is not aware of the name of the R, at the time and place specified in the said paragraph.

(c)

The Defendant filed an application for installment loan in Q’s name with respect to KRW 12,00,00,000 necessary to purchase U-R vehicles at the time and place described in paragraph (a).

However, since the agreement in the name of Q was forged, there was no intention or ability to complete the loan even if it was received from the injured party.

The defendant has received a loan equivalent to 12,000,000 won from the injured party.

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