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(영문) 인천지방법원 2014.08.19 2014고단19
사기등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On October 14, 2012, the Defendant, “2014 Highest 19,” issued C’s passbook, graduation certificate, and resident registration certificate in the name of the victim by using the name of the victim’s fraudulent use, and received the loan from a savings bank, etc., at the store of the trade name in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City.

1. On November 5, 2012, the Defendant: (a) applied for a loan to the Hyundai Savings Bank at an unspecified place in Incheon; (b) entered “C” in the column of the applicant for the loan of the credit transaction agreement sent online using a computer; and (c) arbitrarily affixed a digital signature thereon.

As a result, the Defendant, for the purpose of uttering, forged a letter of credit transaction in the name of C, which is a private document related to rights and obligations, and forged a private document in the name of C for the purpose of uttering four times from that time to that of June of the same month, such as the statement in the list of crimes.

2. On November 5, 2012, the Defendant exercised each of the forged private documents, as indicated in the attached list of crimes, by submitting and exercising as if the agreement on credit transaction of Hyundai Savings Bank to the staff in charge of lending Hyundai Savings Bank, who may know of the fact, was duly formed at a non-place in Incheon.

3. The Defendant submitted a credit transaction agreement to the employee in charge of lending funds at the victim Hyundai Savings Bank at the time and place mentioned in paragraph (2).

However, the above credit transaction agreement was prepared by forging the name of the defendant C as above, and the defendant did not have the intent or ability to repay even if he received a loan from the above Hyundai Savings Bank.

As such, the Defendant, by deceiving the victim and being transferred KRW 6 million from the victim to the corporate bank account under the name of the Defendant, from November 6 of the same year.

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