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(영문) 부산지방법원 동부지원 2015.11.04 2015고단608

사기등

Text

A defendant shall be punished by imprisonment for four years.

The defendant is KRW 51 million to D, KRW 20 million to E, and KRW 100 million to F.

Reasons

Punishment of the crime

[criminal power] On October 20, 2010, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Incheon District Court Branch Branch of the Incheon District Court on October 20, 2010, and was released on November 30, 2012 during the execution of the sentence, and the parole period expired on April 29, 2013.

【Criminal Facts】

The Defendant, from April 1, 2014 to April 1, 2014, was aware of the fact that he/she had been working as the president of H and demanded a restaurant and other business entities to register as H collaborative business entities and offer money, and the contract is terminated on October 4, 2014.

1. On October 20, 2014, the Defendant made the victim D by telephone in the vicinity of the Busan City, stating that “I hotel operated by the Party I, which is a secretary of H, will be selected as H-registered business. To be selected as a business entity, the Defendant made the registration certificate as if there was a transaction record as an urban company and made it possible to be selected as a registered business entity with the special privilege of the chairperson.”

However, the defendant did not have any intention or ability to select I hotel as H-registered business entity, not the chairperson of H but I as H-registered business entity.

Accordingly, the defendant deceivings the victim as above and acquired 51 million won from the victim's seat to the foreign exchange bank account in the name of the defendant.

2. On November 26, 2014, the Defendant prepared a written request for the settlement of retirement allowances (for employees: A: operation support office, total amount: 14,180 won, transfer account: J(SC), name D, and relative: relative: relative type) in November 28, 2014, with a view to exercising in the PC room located in Busan Shipping Daegu, Busan, Daegu, without authority, and with a view to exercising in the PC room, the Defendant added a form on the Internet form, and printed it to the bottom of the documents.

Accordingly, the defendant, for the purpose of exercising his authority, forges a written request for the settlement of the retirement allowance under the name of H, which is a private document concerning a certificate of fact, and forges immediately.