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(영문) 서울남부지방법원 2012.11.28 2012고단2823
사기등
Text

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

Reasons

Punishment of the crime

1. If the defrauded borrowed money from the victim C, he/she was planned to use the money for the purpose of repaying his/her obligation, etc., and the Defendant did not intend to repay the borrowed money with the revenue of dental clinic operated by the husband, and not only did the Defendant have the intention to repay the borrowed money, but also the Defendant did not have the ability to timely repay the borrowed money from the victim because there was no possibility of recovery and there was no other assets that the Defendant possessed.

Nevertheless, around March 1, 2008, the Defendant’s mother of the victim in Gangseo-gu Seoul Metropolitan Government, at F’s house, borrowed KRW 50 million from F to F, the Defendant: “If the mother of the victim in Gangseo-gu, Seoul, borrowed KRW 50 million with interest of 2% per month on June 30, 2008, he/she will use the money for three months; and the husband’s hospital will pay 5 million with interest of 2% per month; and the husband’s hospital will not pay 5 million in cash; and he/she acquired this end from F with the victim’s deposit account on March 1, 2008, including KRW 50,000,000 in total from the victim’s account in the name of G.

2. On August 10, 2009, while the Defendant was unable to pay the above borrowed money, the Defendant used the loan certificate in the name of G in the form of the surety stating that “50,000,000 won is to be repaid not later than March 31, 2010,” which was previously received from F in advance from the Defendant’s vehicle stopped in front of F at F’s home, in order to be relieved of the receipt of the loan certificate even if he had been urged to receive the loan from F, while the Defendant was unable to pay the borrowed money, the Defendant used it by arbitrarily stating the name and resident registration number of G in the form of the surety, and then, using the loan certificate in the name of G, which is a private document with respect to rights and duties, for the purpose of exercising by the Defendant’s personal seal affixed to F, and immediately thereafter, by delivering the forged loan certificate to F without knowledge of the fact at F’s residence.

(i) the evidence;

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