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(영문) 광주지방법원 2017.05.24 2017고단1186
사기등
Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Punishment of the crime

The Defendant, along with C, D, E, etc., as a loan broker, conspiredd to arbitrarily prepare documents as if he/she works for the said company and obtain loans from financial institutions even though the Defendant did not work for the F Co., Ltd.

1. On August 4, 2008, the Defendant: (a) provided personal information, such as his/her resident registration certificate, at the “I” office operated by the lending broker H; (b) provided personal information, and (c) attached a certificate of employment with the purport that the Defendant’s annual income is KRW 41,251,400 to the F Co., Ltd. using the editing device such as the Dwork protocol; and (c) attached the official seal of the F Co., Ltd.’s name and one copy of the F Co., Ltd.’s employment certificate, which is a private document on the proof of fact, and the receipt of earned income, are forged; and (d) again submitted a forged document with the Defendant’s loan application form to the employee in charge who could not know the above fact at the F Co., Ltd. located in Geum-gu Seoul metropolitan branch.

Accordingly, the Defendant, in collusion with C, D, and E, forged and exercised a private document certifying facts without authority, and a private document collection receipt for wage and salary income, respectively, for the purpose of exercising these rights.

2. In collusion with C, D, and E, the Defendant: (a) by deceiving the victim by receiving a document related to the loan, including a document in the name of F Co., Ltd. in the name of F Co., Ltd. at the F Co., Ltd. in Gwangju branch of C, C, D, and E at the date set forth in paragraph 1; and (b) obtained the money from the victim on August 5, 2008 to the Agricultural Cooperative (J) account in the name of the victim for the purpose of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. On January 1, 200, each police suspect interrogation protocol (including copies and E parts) with respect to D.

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