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(영문) 춘천지방법원 원주지원 2016.01.26 2015고단1059

사기등

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

The above fine shall be imposed on Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. On May 15, 2013, the Defendant presented an estimated amount of approximately KRW 98 million for an OTCT medical device, the market price of which was KRW 40 million around July 15, 2013, which was sold by D (hereinafter “Association”) by the Defendant.

On February 5, 2014, the defendant, when entering into a competitive contract on February 5, 2014, tried to forge the estimated amount of the other company which is demanded for comparative estimation from the above Association, more than the estimated amount presented by the defendant.

At around 14:00 on February 6, 2014, the Defendant entered “F” office located in the Dong-dong, Seoul Special Metropolitan City, into a written estimate file stored by G Representative H while working in the computer of the said office, and then printed it on the same page as “F in May 2013,” “In the written estimate column in the name of G”, “In the receiver column,” “in the amount column, in the amount column, in the amount column, the Defendant entered “Won 115,00,000 won in daily gold (Won 115,00,000),” “Stratus OCT” in the name column, and then printed it in that column.

Accordingly, for the purpose of exercising, the Defendant forged one copy of a written estimate in G name, which is a private document related to the certification of facts.

B. On February 6, 2014, the Defendant: (a) sent a written estimate in the name of counterfeit G, such as “1-A,” by mail, at a post office located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

(c)

On February 5, 2014, at the office of “K,” located in the Kanju-siJ on February 5, 2014, the Defendant falsely concluded that the market price of the OTC medical device was at least KRW 100 million to the said victim’s association, the president of the victim’s association.

However, even though the market price of the OTC medical device is approximately KRW 40 million, the defendant himself/herself submitted a written estimate causing KRW 98 million of the estimated amount, and as above, he/she forged a written estimate in the G name with the amount of KRW 115 million of the estimated amount and forged it to I.