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(영문) 서울서부지방법원 2017.08.09 2016고단1343
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and B purchased one set of excavation machines using the name from C, and applied for a loan of KRW 50 million to a savings bank in the name of C, and requested a copy of the operator’s license of construction machinery in the above bank as documents necessary for the loan from the above bank. The Defendant and B knew that C did not have the above construction machinery license and submitted it to C by forging it.

1. On April 5, 2014, the Defendant forged official document: (a) indicated in column “F”, “C”, “G”, and “G” on the date of delivery as the title “B’s license for construction machinery pilot”; (b) stated in column “F”, “C”, “G” in the resident registration number column, and “C” in the column of the delivery date, and attached C’s photograph to the next page; and (c) made a copy of the operator’s license for construction machinery C in the name of the safe market by affixing his official seal on the next page.

Accordingly, the defendant and B forged a copy of the construction machinery pilot's license in the name of the safe market for the purpose of exercising the license.

2. Around April 7, 2014, the Defendant and B agreed to purchase one H excavation search machine in the name of C, and concluded a contract to obtain a loan by setting a rate of 14.5% per annum from the victim savings bank, the victim corporation, at the rate of 14.5% per annum, and at the rate of 36 months during the lending period, submitted a copy of the license of the construction machinery pilot to C in the name of the safe market name required under the loan terms.

However, the Defendant and B applied for a loan by lending the name C, and C submitted a copy of the license of construction machinery pilot to C in the name of the Ansan Market, which is without the license of construction machinery pilot, as described in paragraph 1. At the time, B is closely related to the repayment of the principal and interest of a loan to another Capital Capital and the payment of employee, etc., so the Defendant and B wishes to repay the loan even if they receive the above loan from the victim bank.

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