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(영문) 청주지방법원 2018.09.12 2018고단941

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2017, the defrauded concluded that “The Defendant made profits to the extent of KRW 8 million in the month in which he / she made profits to the victim B from “D Caf,” operated by the Defendant on the first floor of Heungdong-gu Seoul shopping mall, Chungcheongnam-gu, Cheongju-gu, Cheongju, that “The amount of KRW 40 million in the day in which he / she made profits to the extent of KRW 15 million may be transferred and operated as the first down payment to the victim B.”

However, in fact, the above carpet received a request from E to February 28, 2017 due to the expiration of the permission period for unauthorized use of public property on January 24, 2017, and accordingly, the above carpet received a request for ordering the building from E until February 28, 2017, and the lawsuit for claiming the name of the building was filed at that time. Therefore, even if receiving the money from the damaged party as the purchase price for the carpet, there was no intention or ability to transfer the car

Nevertheless, the defendant deceivings the victim as above and transferred 15 million won to G bank account in the name of the defendant's fatherF as down payment from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On May 11, 2017, the Defendant forged a private document: (a) drafted a “written reply” and “the place of service and the receipt of a written report” jointly signed by the Defendant and the above B using a computer located in the office of the I certified judicial scrivener located in Seo-gu, Seo-gu, Seo-gu; and (b) affix B B seal on the name of B entered at the end of each document using an assembly-type stamp located in the said office of the certified judicial scrivener.

As a result, the Defendant committed each of the “Written Answer” and “the place of service and the receipter report” under the name of private document B on proof of fact.

3. On May 11, 2017, the Defendant’s exercise of the above investigation documents filed with the public service center of the Cheongju District Court, which is located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to the said public service center, who is aware of such forgery, the Defendant’s completion of the “written reply” and “the place of delivery and the receipt receipt” as described in the foregoing paragraph 2.