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(영문) 의정부지방법원 2019.11.29 2019고단1910
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Although the Defendant was to use the money for the purpose of lending the money from B, the Defendant arbitrarily prepared a loan certificate under the name of another person in order to show that he borrowed the money that he received from B to another person.

Around June 6, 2013, the Defendant borrowed 2 million won as of June 6, 2013 using a blank pen in the Defendant’s residence located in Dongcheon-si C building D, using a blank pen, and then borrowed 2 million won as of June 6, 2013, with the amount of 2 million won as of July 25, 2013. The Defendant paid off KRW 2 million as of June 6, 2013. The Defendant: (a) indicated the obligor E’s name, who was in custody in his name; (b) forged one copy of the E’s loan certificate under the name of E, who borrowed 2 million won from B to January 9, 2017; and (c) forged the E’s loan certificate under the above name of E, i.e., a document with which one copy of the loan certificate was duly formed from B to January 9, 2017.

Accordingly, for the purpose of uttering, the Defendant forged five copies of documents, such as a private document E, which is a private document on rights and obligations, and exercised them.

2. On June 6, 2013, at the Defendant’s residence indicated in the preceding paragraph, the Defendant presented to the victim B a false statement stating that “If the Defendant borrowed money from the Defendant to the Defendant, he/she would have borrowed money from the Defendant, he/she would have borrowed KRW 2 million per month interest.”

However, in order to show the victim, the defendant arbitrarily forged the E certificate of borrowing money from the victim, and had no intention or ability to repay the above money to the victim because there was no property or income for the purpose of using the money as a living cost.

Ultimately, the Defendant.

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