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(영문) 춘천지방법원 2013.10.08 2013고단461

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 1, 2011, the Defendant is the site manager of FF corporation that performed a new construction work of E plant in Chungcheong-gun D from May 1, 201, the victim G corporation supplied ready-mixed to F corporation in relation to the said construction work, and H is the owner of the said construction.

1. On May 1, 201, the Defendant forged a private document and uttering of a falsified private document, for the purpose of uttering at an office at the construction site office at the above construction site. On the joint and several sureties of the site, the FF corporation arbitrarily stated the victim’s name, resident registration number, etc. in the column of the “Reconst Order” stating that the order for the said construction site is ordered, and forged the H’s order, which is a private document for the rights and obligations, by sealing the H’s seal in advance on his/her name.

In addition, the defendant issued a forged order to I to the staff of the victim who is aware of the fact, and exercised it.

2. The Defendant: (a) although the Defendant was not jointly and severally and severally liable for the payment of the price for ready-mixed to the victim of the F Co., Ltd., the Defendant: (b) provided the victim’s staff I with an order for ready-mixed in the name of H, which was forged as provided in the preceding paragraph; and (c) received from the victim the victim an amount equivalent to KRW 313,709,000 from around that time to March 2012, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Part of the police interrogation protocol of the defendant

1. Statement to J police officers;

1. The written statement of the defendant;

1. Each investigation report (to submit data with reference witnesses, telephone conversations, complainants, submitting materials, hearing reports by suspects A, etc., and hearing reports on references H phone statements);

1. Complaint;

1. Application of Acts and subordinate statutes to promissory notes, the President of the General Trading Affairs, each preparatory document, each letter of witness, each evidence of use certification, each written decision, and each record book;

1. Relevant Article 347(1) of the Criminal Act and Articles 347(1) (Fraud and Selection of Imprisonment), 231 of the Criminal Act for criminal facts (the occupation of private document assistance and the choice of imprisonment);