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(영문) 서울동부지방법원 2016.10.19 2015고단3414
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

A. The Defendant did not notify the Defendant of the fact that he granted KRW 40 million and that he forged the land owner N’s lease contract for business registration. The Defendant’s aggressive exaggeration and partial unfavorable contents of the Defendant’s plastic house compensation are sufficiently recognized as a deception that interferes with the victim’s normal monetary disposition.

Application of Statutes

1. Article 347 (1) (Selection of Imprisonment), Article 231 (Selection of Imprisonment), and Article 234 (Selection of Imprisonment) of the Criminal Act concerning the facts constituting the crime;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the scope of recommending punishment)

1. Persons subject to special mitigation of types 1 (less than KRW 100 million) in general fraud: In cases where victims are fully responsible for the occurrence of crimes even though they are victims (investment fraud);

2. Forgery of private documents: Basic area (six months-2 years) of forgery, alteration, etc. of private documents.

3. Uttering of a private document: It is inevitable to impose a sentence on the following grounds: The scope of final sentence due to the fabrication, alteration, etc. of a private document * the basic area (6.2 years): June-3: (a) this case’s vinyl compensation plan planned by the Defendant in April 4 (decision of sentence) is a kind of fraud in itself; (b) even when the victim C was accused of a total of KRW 48.8 million, which was paid on March 3, 2014; (c) KRW 11,980,500, which was paid on March 3, 2014; (d) it still has not been restored to KRW 36,819,500; and (e) it has been forged and used until a private document was forged and used in the course of registering a business; and (e) it has not been used by the victim

However, even though the defendant is not certain, there is a certain degree of possibility of the sexuality of the development plan, and therefore, it leads to the crime in the course of speculation, there is no punishment power, the defendant is against the recognition of the crime with respect to the loan fraud crime and the forgery and uttering of private documents, and efforts are made to recover the damage.

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