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(영문) 창원지방법원 2019.06.26 2018고단3525

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendant is the representative director of the DB building in Kimhae-si, the shipbuilding machinery and equipment in C, and the business boiler manufacturing, etc.

On September 28, 2017, the Defendant entered into a contract to supply six LECUPPERR (RECPS) with the total amount of KRW 436,320,000, which is the victim, to receive KRW 143,965,800, which is 30% of the down payment, as advance payment. In order to receive advance payment, the Defendant attempted to deliver it to the victim after forging the performance guarantee insurance policy issued by the guarantee insurance company (contract) and the performance guarantee insurance policy (Advance payment).

Around October 16, 2017, at the office of the Dispute Resolution Co., Ltd., the Defendant entered into a contract with the insured (securities number F) (hereinafter “G E”), and changed the coverage period from September 28, 2017 to February 28, 2018 (154 days) into the main contract to the effect that the insured was “G E” and “47,995,200 won,” the coverage period was “from September 28, 2017 to February 28, 2018 (154 days),” and changed the main contract terms to “six production of the main contract name RUPPPPPPPOR, 10% on October 16, 2017, and 10% on the date of the conclusion of the contract,” and changed the content of the guarantee insurance policy [Advance securities number H] to “GE Co.,, Ltd.,” and “14,965, 208, 2017.

Accordingly, for the purpose of exercising, the defendant has forged one of the performance (contract) policy and performance (Advance) policy under the name of the representative director of the International Company Co., Ltd., a document concerning rights and obligations.

2. The defendant is aware of the forgery at the time and place specified in paragraph (1).