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(영문) 광주지방법원 2016.05.26 2016고단401
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant intended to raise funds necessary for the creation of a new city in the Republic of Korea from the victims of a high school, the Dong Chang-gu, to the Defendant, but the victim demanded the Defendant’s wife E working as the guarantor for the NA branch in Gwangju, the Defendant forged a loan certificate with E as a joint guarantor, and delivered money to the victims and received money.

1. On July 17, 2008, the Defendant, at the victim’s office located in the Seo-gu in Gwangju-gu, Gwangju-gu, stating in advance that “the amount of borrowed money: KRW 3,000,000,000: KRW 10%: Interest:00,000”, “the repayment date: October 17, 2008”, “a borrower: 204-705”, “a joint guarantor: 204-705”, “a joint and several surety”, and “a joint and several surety”, “E and Seo-gu, Seo-gu, Gwangju-gu, 204-705” and “a joint and several surety is issued to the victim with a letter of borrowing signed and sealed E’s seal.”

However, the defendant's wife E did not have consented to the signing and sealing of the above loan certificate as a joint guarantor.

The Defendant, by deceiving the victim as such, received 27 million won from the victim on the same day to the account under the name of the Defendant, and acquired it by fraud.

2. On September 11, 2008, the Defendant stated E as a joint guarantor with the method as stated above 1.3, the Defendant issued to the victim a certificate of borrowing signed and sealed E’s seal, and acquired it by remittance from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor in the protocol concerning C;

1. Application of Acts and subordinate statutes to the original certificate and fair deed;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] No basic area (6 months to 100 million won) (6 months to 1 year and 6 months) (the person who is subject to special sentencing] (the decision of sentencing] is the defendant.

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