사기등
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall be the applicant C and D with the amount of KRW 300,000,000,000.
Punishment of the crime
The defendant is the representative director of the J corporation that conducts the business of dismantling the rain and structure.
1. Around September 2014, the Defendant forged a private document: (a) at a container office used by JJ Co., Ltd. located in K in Gyeonggi-do, and (b) without authority for the purpose of exercising a subcontract agreement with L; (c) without authority for the purpose of exercising the fact that the Defendant entered into a subcontract agreement with L; and (d) under the title of “construction subcontract agreement” (ju), among the NN construction works conducted in Jung-gu, Daegu Metropolitan City M, the removal construction work was subcontracted in KRW 374 million to J (ju) and then printed out the document and affixed a seal in the name of L (ju) L.
Accordingly, the Defendant forged one copy of the subcontracting contract under the name of the O representative director, which is a private document on rights and obligations.
2. On November 2014, the Defendant exercised the said investigation document: (a) issued a forged subcontract agreement to P, who is aware of the forgery, as described in the preceding paragraph, as if it were a document duly formed.
3. On November 2011, 2014, the Defendant concluded a subcontract for the removal work with the victim P among the construction works executed in Q Q Q Q and Jung-gu Seoul Metropolitan City, a false statement with the purport that “The Defendant would change the said construction work to the victim P as the first down payment to be re-subcontracted for KRW 260 million again for the said construction work.”
However, there was no fact that the Defendant entered into the said subcontract with Q Q, and thus there was no intention or ability to re-subcontract the removal work to the victim, and the Defendant intended to receive money from the damaged person as a down payment and to use it in the repayment of his/her obligation.
The defendant deceivings the victim as above, and his deceivings the victim on November 19, 2014, the amount of KRW 10 million to the corporate bank account in the name of R on November 19, 2014, and November 21, 2014.