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(영문) 서울동부지방법원 2016.11.16 2015고단3159

사기등

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant, “2015 Godan3159”, at a place where the diameter is unknown, offered a proposal to (ju)G to connect H with the owner of the building, and received the name of (ju)G from H to the name of the owner of the building, who is the actual operator of the building. As such, (a) the Defendant had the agent of (ju)G and had the owner of the building enter into the contract without the permission of H.

Around September 16, 2014, the Defendant prepared qualification-based private documents at the J Office in Ansan-si, the fact was that the Defendant had not been entrusted by the said H with the authority to conclude a standard subcontract contract for private construction works with respect to the construction of the detached Housing in Ansan-si, the contractor of the said H as the contractor. However, the Defendant affixed the Defendant’s seal on the side of the above “A” under the name of the site of the standard contract for private construction works stated as “A: the name of the construction project: the new construction of the detached Housing, the owner of the contractor: J corporation, the contractor (contractor): G corporation, and the agent: the representative of the corporation: the representative of the corporation: A: the name of the Defendant attached to the above “A” at the right

Accordingly, for the purpose of exercising, the defendant prepared a standard subcontract agreement for private construction works, which is a private document concerning rights and obligations, by using the qualification of a representative of (ju)G.

B. The Defendant’s uttering of qualification certificate or qualification certificate

at the time and place described in the subsection (a),

The standard subcontract contract for private construction works, which is prepared with qualification as described in the paragraph, was duly established, and the above J (State) representative director was exercised to M.

C. On September 16, 2014, the Defendant made a false estimate to the effect that, “Around September 15, 2014, M of the victim J’s representative director at the site of retaining wall construction located in C, the Defendant would make advance payment of KRW 15 million, which is the 10% of the contract amount of the retaining wall construction executed by C, as the president of the (ju), who is the president of the (ju) G with the capacity of KRW 10 billion,” and that, around the 15th of the same month, MG will execute the said retaining wall construction at KRW 151,170,000.