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(영문) 서울남부지방법원 2014.04.01 2014고단602
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 14:00 on February 2, 2014, the Defendant entered the Yangcheon-gu Seoul Metropolitan Government C Apartment Management Office, and carried out two passbooks of a national bank owned by the victim D and two copies of a monetary statement of the national bank.

Accordingly, the defendant stolen the victim's property.

2. On February 3, 2014, the Defendant forged a private document: (a) stated “E” in the column of deposit in Chapter II of the withdrawal money sheet for the purpose of withdrawing deposits using the stolen passbook and the withdrawal money sheet in the adjacent coffee shop at the point of Jongno-gu Seoul, Jongno-gu 123, as set out in paragraph (1); and (b) stated “F,” in Chapter I of the withdrawal money sheet in the account number column, “F,” and “G,” and in the other withdrawal money sheet in the account number column “G,” in the account number column.

Accordingly, the defendant, for the purpose of uttering, has forged Chapter E's letter of money in the name of E, a private document on rights and obligations.

3. Around February 3, 2014, the Defendant: (a) issued two copies of the withdrawal money sheet in Sejong Gato Park in Jongno-gu Seoul Jongno-gu, Jongno-gu, to women with no name, as prescribed in paragraph (2); (b) stated that people with no name are carrying money from the National Bank; (c) around 11:22 of the same day, women with no name were issued to H of the National Bank employees of the National Bank who knew of the forged money sheet as if the document was duly formed, and then, (d) delivered two copies of the said withdrawal money sheet to H as if the document was duly formed, and (e) received KRW 5.9 million in cash owned by the National Bank for the victim’s deposit withdrawal from H on the same page.

Accordingly, the defendant, in collusion with a female infinite name, exercised two copies of the forged monetary statement, and acquired 5.9 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 329 of the Criminal Act, Article 231 of the Criminal Act, and Article 231 of the Criminal Act, each of the criminal laws against criminal facts.

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