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(영문) 수원지방법원 2014.04.09 2013고단3654 (1)

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The defendant has not been delegated by the representative director C with the authority to conclude a subcontract in a private document.

On September 5, 2011, the Defendant: (a) indicated as “B Co., Ltd.”, “B”, “B subcontracted construction work”, “construction work site”, “construction work site”, “construction work site: September 5, 2011: September 5, 2011, completed completion, May 31, 2012; (b) the contract amount: KRW 00,000,000,000,000 won: B, representative director C, and beneficiary: F, “F,” and had F arbitrarily affix the seal of C, which is grounded on the contractor’s name.

Accordingly, for the purpose of exercising, the Defendant forged a standard subcontract agreement for construction works in the name of C, a private document on rights and obligations.

B. The Defendant, at the time, and at the place specified in Paragraph 1, exercised the standard subcontract agreement for the construction work that was forged as if it were a document that was duly formed.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes to a copy of the standard subcontract agreement for construction works (No. 5);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;