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(영문) 제주지방법원 2019.07.24 2018고단2879
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, 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. Around July 19, 2016, the Defendant made a false statement to the Defendant that “I would pay money to the Defendant who is a pro-Japanese victim D after one month if I would have borrowed money.”

However, in fact, the Defendant had a debt equivalent to KRW 34 million in the third financial right, etc. under the Defendant’s name; the Defendant’s debt owed under the Defendant’s wife was in excess of the debt amounting to KRW 30 million; the Defendant was thought to use the money borrowed from the victim as gambling funds or living expenses; the E business was suspended; and the FF was not a director of the agricultural partnership; thus, the Defendant did not have any intent or ability to repay the money even if she borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received a cashier’s check in an amount equivalent to KRW 3 million on the same day from the victim, from that time until May 23, 2017, and acquired it by deceptioning the total amount of KRW 8,045 million over 16 times, as shown in the attached list of crimes, from May 23, 2017.

2. Forgery of private documents and the display of private documents;

A. On January 23, 2017, the Defendant committed the crime of January 2017: (a) the title “List of Members” without the consent of H, the representative director of the F farming association, for the purpose of borrowing money from D within the F farming association office located in G at Jeju, and without the consent of H, for the purpose of borrowing money from D; and (b) the name “A”, address, and resident registration number, stating “50 shares” to the amount “50 shares, “5,000 won,” “5,000,000 won,” and “3%” to the amount, “5,00,000 won,” and the name and duties of the F farming association representative director kept in the office adjacent to the name of “H”, and continuing to affix “the name of the representative director of H with the name of the joint and several surety”, “H in the name of the representative director of H, and the name and duties of another person “H” to the name of the said incorporated farming association.

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