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(영문) 부산지방법원 2016.10.13 2016고단2508
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around October 22, 2010, the fraud Defendant borrowed KRW 10 million from the Defendant’s C office located in Namyang-si, Namyang-si, to the victim D, “I will pay interest on KRW 10,000,000,000 per month, and the principal will be repaid without a mold within 30 days.”

However, the defendant did not have any specific property at the time and did not have any intention or ability to repay it in time, even if he borrowed money from another person.

Nevertheless, the Defendant deceiving the victim as above and received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of E under the same day as the loan money.

2. Forgery of private documents and the display of private documents;

A. On July 22, 2011, the Defendant demanded the preparation of the loan certificate at the above C Office located in F in Namyang-si, Namyang-si for the same reasons as the above paragraph 1, and without authority, “the tea card” without authority: G, resident registration number, H, and address: H: Nam-si, Gyeonggi-do; I;

1. G has the fact that G has lent KRW 15,000,000 from D as of October 22, 2010, with three copies per month fixed.

2. If the above money has not been paid in full by September 30, 2011, the damages for the delay shall be paid in addition to the damages for the delay from the following day:

On July 22, 2011: Around July 22, 2011, the borrower entered “G” and forged a copy of the loan certificate in the name of the said G, which is a private document concerning rights and obligations, by a private person adjacent to the name.

B. At the same time and place as the above 2-A, the Defendant exercised the forged loan certificate with the above 2-A as if it were a document duly formed with the above D without knowledge of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A detailed statement of deposit transactions and a certificate of deposit and withdrawal;

1. Application of Acts and subordinate statutes to a complaint (including a notarial deed of bills and a loan certificate);

1. Relevant Article of the Criminal Act and Articles 231, 234, and 347 of the Criminal Act concerning the selection of criminal facts;

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