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(영문) 제주지방법원 2015.05.13 2014고단1781
사기등
Text

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

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

The Defendant asked the victim C to borrow money from the past to the victim, and the victim arbitrarily prepared a loan certificate to the effect that his father D lends money only when the joint and several surety exists, and the above loan certificate was presented to the victim by deceiving the victim by presenting the above loan certificate to the victim.

1. On November 20, 2012, the Defendant forged a private document, or display of a falsified document, entered the name and resident registration number, etc. of D in the column for joint and several liability for the debt of D amounting to KRW 20 million, which was purchased at the Seodaemun-si located in the Defendant’s residence and entered in the column for joint and several liability for borrowed money purchased at the Seodaemun-si located in the Defendant’s residence, and affixed a seal attached to D’s name.

On November 21, 2012, the Defendant borrowed a loan certificate of KRW 20 million from C, which was written by G next to G in Western City F, and exercised it by delivering it as genuine.

Accordingly, for the purpose of uttering, the Defendant forged and uses a letter of borrowing in the name of D, which is a private document on rights and obligations, and forged and exercised the following three times from that time to July 23, 2013: (a) a certificate of borrowing in the name of D, which is written in the following list 1, in total; and (b) a certificate of borrowing in the name of D.

2. The defrauded presented a loan certificate prepared in advance to the victim C at the date, time, place, as stated in Paragraph 1, that “this loan certificate was obtained permission from father D, and his father D prepared and sealed his name, resident registration number, and address in the column of joint and several liability, and thus, if he does not complete the payment, his father shall complete the payment of KRW 20 million.”

However, the defendant's arbitrary signature and seal of the joint and several surety in the above loan certificate is prepared.

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