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(영문) 인천지방법원 2017.09.06 2016고단8116

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 18, 2014, the Defendant: (a) entered the content under the title of “Fund Investment Contract” in the Jung-gu Incheon Food Food Business Office, Jung-gu, Incheon Food Business Office; and (b) printed out the content under the title of “Fund Investment Contract” in the Jung-gu, Incheon Food Business Office; and (c) entered the name of “No. D: Company name, C Food Business Office, and Representative: E” in the lower end by using the official approval color pen, and affixed the seal of “E” on the name next to that.

Accordingly, for the purpose of uttering, the Defendant forged one copy of a fund investment contract in the name of E, a private document concerning rights and obligations, and exercised the forged fund investment contract as if it were a document that was duly formed.

2. The Defendant is in need of funds to operate a kimchi factory at the same time and time as that set forth in the preceding paragraph, while issuing a forged fund investment contract to the above victim F.

The principal shall be guaranteed in C with the monthly income of KRW 400,000,000 from the loan of KRW 100,000.

The phrase “ makes a false statement.”

However, in fact, the defendant forged the fund investment contract in the name of the representative E of the above C Food Business Office, and does not guarantee the principal in C, and even if he borrows money from the supplier of kimchi factory, etc. to the extent that the price of supply is smuggling, the defendant did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 100 million won from the victim to the new cooperation account in the name of the Defendant under the name of the victim for the purpose of investment at the time of the day.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to fund investment contracts and investment agreements;

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) regarding criminal facts, Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) and Article 347 of the Criminal Act.