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(영문) 서울남부지방법원 2013.07.10 2013고단118

사기등

Text

Defendants not guilty

Reasons

1. The facts charged in this case

A. Although the Defendants were assigned to F with limited liability (hereinafter “G”), the F did not pay KRW 70 million out of the purchase price, the Defendants filed a lawsuit claiming the payment of the purchase price against F. The Defendants asserted that F was subrogated to the Defendant’s obligation to the I Limited Liability Company (hereinafter “I”) that H operated by the Defendants, and set off a set-off based on this.

Defendant

B around March 5, 2010, at its own house located in the Guro-gu Seoul Metropolitan Government J. 1001, the People's Republic of China calls to Defendant A, who is located in Seo-gu, Seo-gu, the People's Republic of China, and ordered Defendant A to receive H's confirmation from H that G does not have any obligation to H with respect to the I Limited Corporation. Defendant A, an employee of the K, who produced and sold packing materials, supplied packaging materials to the G Limited Corporation (representative A) by using a computer. On December 5, 2006, the fact that as of the date of sale of G Limited Corporation on December 5, 2006, there was no credit amount, etc. as of the date of the sale of the G Limited Corporation: prepare a confirmation document stating "H", and translate the above contents into the Korean language, and affix the official seal of the H and the seal of the limited Corporation, respectively.

However, the Defendants and K did not have obtained permission from H to prepare the above confirmation document.

Accordingly, in collusion with K, the Defendants forged one Korean document in the name of H, a private document on confirmation of facts, and one Chinese document (hereinafter “instant confirmation document”) respectively.

B. On September 17, 2009, the Defendants of the fraudulent and ex post facto investigation documents filed a claim for the payment of the purchase price with the Seoul Central District Court located in Seocho-gu Seoul Central District Court on September 17, 2009, Seocho-gu, Seoul, for the payment of the purchase price against the victim F. The Defendant (F) by public notice on December 22, 2009 is against the Plaintiff (Defendant A).