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(영문) 인천지방법원 2014.02.13 2013고단2725

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Incheon District Court on February 19, 2013, and the said judgment became final and conclusive on October 31, 2013.

On June 30, 201, the Defendant: (a) received a contract (amount: 1,00,000,000) from the Victim F for the new house construction work from the Victim F to the construction cost; (b) paid KRW 710,00,000 on a total of six occasions from June 30, 201 to December 19, 201; (c) however, the Defendant suspended the construction due to disputes with the Victim regarding the construction cost, the amount used, etc.; (d) was required to submit evidentiary materials for the use of the construction cost and the amount paid from the Victim; and (e) was transferred as if the transfer certificate was not remitted or remitted to the other, the Defendant, by newly setting a transfer certificate, presented it to the Victim and received the additional construction cost.

1. On February 16, 2012, the Defendant: (a) removed a transfer certificate (the recipient H, transfer amount 1,265,000 won) issued under the name of the president of the National Bank of Korea on November 3, 2011 from the first patrolman’s office at the construction site of the new construction site; (b) stored the transfer amount from a computer to “21,265,000” using the Potool program; and (c) sent the image file to I by e-mail and let I output it via the e-mail, as indicated in the attached list of crimes, and sent the transfer certificate forged or altered, as well as send it to e-mail.

For the purpose of exercising authority, the defendant forged or altered the certificate of transfer in the name of the president without authority, and exercised it.

2. On February 16, 2012, the Defendant, at the above office around February 16, 2012, sent a forged or altered transfer certificate to the victim F, by e-mail, and printed out through I.