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(영문) 광주지방법원 2016.08.10 2016고단575 (1)

사기등

Text

The punishment of the accused shall be determined by eight months of imprisonment.

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

Reasons

Punishment of the crime

The Defendant is a person operating “B” to produce and sell solar boiler, and the C&C lease company runs a leasing business.

In the event that the customer who requested the manufacture and installation of solar boiler has no ability to pay the installation cost in lump sum, the Defendant arranged the said customer to enter into an installment financing contract with the said company, and operated its business by receiving the installation cost from the said company.

1. Contract for installment financing in the name of C

A. On February 25, 2015, the Defendant forged a private document: (a) indicated C’s name, resident registration number, home address, and mobile phone number in the column of the applicant for installment financing with C&C lessee, using the pentle in the “B” office operated by the Defendant located in Gwangju Northern-gu; and (b) written his/her signature at will on the side of C’s name.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a written application for installment financing in the name of C, which is a private document on rights and obligations.

B. The Defendant, at the time, at the time, at the time, at the place specified in the foregoing paragraph (a) above, sent the written application for installment financing in the name of C, as if it was a document duly formed, to the lessee Co., Ltd., by facsimile.

(c)

The Defendant, at the time and place mentioned in the above paragraph (a), sent a written application for installment financing in the name of C to the victim C, “The Defendant and C concluded a contract for the installation of solar boiler equivalent to KRW 6,500,000,00 for the said installation to C, so that C would have to pay the said installation cost.”

However, the Defendant did not conclude a contract with C to install solar boiler, and the said written application for installment financing was forged by the Defendant.

As above, the defendant deceivings the victim as above, and is 6.5 million won under the name of the same day from the victim.