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(영문) 의정부지방법원 2012.10.25 2012고단1192
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On March 23, 2011, the Defendant made a false statement to the victim D at the Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Real Estate Office that “B knows F, an E employee, and the market price of G apartment in Gwanak-gu, Seoul Special Metropolitan City from public sale would be awarded KRW 350 million or KRW 200 million.”

However, the defendant was unaware of F, and there was no intention or ability to receive a successful bid for a public auction.

The defendant, by deceiving the same victim, has taken a total of KRW 200,000,00 won by cutting the cashier's checks of KRW 30,000,00 in the same place.

2. On March 23, 2011, the Defendant forged a copy of each letter, each of the private documents on rights and obligations, which is a private document, signed by the F on March 23, 201, stating that “I would pay KRW 30,000,000,000 upon the non-transfer of a substitute, not later than May 9, 201,” using a fold-type stamp in blank at the H coffee shop Gangnam-gu Seoul, Seoul, stating that “I will pay KRW 3,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000

In addition, on March 24, 2011, the Defendant exercised it by giving it to D who is not aware of the forgery of a forged letter at Creal estate office as stated in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Each police statement made to D or F;

1. Receipt and the application of separate Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, among concurrent crimes, the crimes of forging private documents and the crimes of uttering of falsified investigation documents are accompanied by multiple crimes, not treating them as crimes committed by multiple crimes, but as they are the sentencing factors for crimes of fraud.

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