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(영문) 창원지방법원 2018.09.19 2017고단4352
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year for a crime of 1 to 3 crimes, and imprisonment with prison labor for a crime of 4 to 6 crimes as stated in the judgment.

Reasons

Criminal facts [Defendant A] On June 21, 2017, the defendant was sentenced to a suspended sentence of one year of imprisonment for a crime of fraud at the Changwon District Court's Msan branch, and the judgment became final and conclusive on June 29, 2017.

[2017 Highest 4352] B loaned total of KRW 109,770,000 to 24 times from January 10, 2016 to March 9, 2016, but did not receive payment. On October 10, 2016, the Defendant filed a complaint with the Msan branch office of the Changwon District Public Prosecutor's Office as a fraud. From around December 2016, the Defendant was requested to prepare a written agreement.

He demanded, from that time, B to pay money to the Defendant through C or to have a joint guarantor (B) (this demand was made while exercising this violence, and B shall be paid with D’s loan of money from the bank to friendly-gu D.

There is a statement and receipt of a certificate of seal imprint for bank loan, and D will be a joint guarantor using D's certificate of seal imprint.

"The part not guilty on the grounds that there is a lack of evidence to prove that the defendant's oral statement was accepted and that it was not sufficient to acknowledge that the defendant's statement was given shall be briefly stated in the corresponding part.).

1. On December 30, 2016, the Defendant forged a private document: (a) went to the F office of a notary public located in Changwon-si Member E in Changwon-si in order to establish D as a joint guarantor by using D’s certificate of personal seal impression; (b) sought from the employee of the office that D’s proxy is necessary; (c) obtained only the column of joint and several guarantors by deceiving D that the power of representation is required for bank loans; and (d) made a letter of proxy as to the creditor B (the grounds for finding that B and public tender were insufficient evidence to prove that B and public tender with B are offered are not guilty; hereinafter the same shall apply).

Since then on December 30, 2016, the Defendant, at the window G of Changwon-si, who was conducting D's work around 11:00, difference B from the electrical construction site.

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