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(영문) 대전지방법원 2015.06.04 2015고정299
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 5, 201, the Defendant forged a private document: (a) around D’s residence located in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) borrowed KRW 10,000 from D from D to the paper of the loan certificate using a tamping pen on the paper of the loan certificate; (c) stated “E” in the column of joint and several sureties, “E’s address”, and “E’s resident registration number” in the resident registration number column; and (d) sealed E’s seal held in advance subsequent to the name.

Accordingly, the defendant, for the purpose of exercising authority, forged a private document, which is a private document on rights and obligations.

2. The Defendant, at the time, at the place, at the time, and place specified in paragraph (1), delivered the forged loan certificate to the above D as if it were a document duly formed.

3. The fraud accused, at the time, at the time, and place specified in Paragraph 1, delivered the forged loan certificate to the victim D, and by deceiving E, who is the accused, of the defendant, as if he/she jointly and severally guaranteed the above loan money, he/she received KRW 10 million from the victim as the loan money and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a copy of a loan certificate;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347(1) of the Criminal Act (Fraud, Selection of Fines), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the fact that the crime is committed, the fact that the crime is committed and the choice of fines) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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