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(영문) 대전지방법원 서산지원 2013.11.08 2012고단770

사기등

Text

A defendant shall be punished by imprisonment for one year.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

1. Around January 21, 2011, the Defendant: (a) leased the G and six forms in the name of the entire members of the D fishing village fraternity E from the total number of members of the D fishing village fraternity; (b) on the basis of the foregoing, the Defendant leased the G and six forms in the name of the Republic of Taean-gun, Chungcheongnam-gun (a total of KRW 3.6 million for three years each year). Based on the foregoing, on August 22, 2011, the Defendant entered into a contract for supply with J at the I office located in the Haan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (c) upon receipt of a request from J to guarantee the performance of the contract, the Defendant did not have the right to prepare a document in the name of D fishing village fraternity or use the seal in the name of D fishing village fraternity; and (d) written an agreement for the return of the deposit in the name of D fishing village fraternity (where the Defendant fails to implement the contract, by forging the down payment from the above type acquired by D fishing village fraternity).

Accordingly, the Defendant promised to pay the down payment (12 million won per year) in 36 million won (12 million won per year from January 1, 2010 to December 31, 2013) that was concluded by the Plaintiff in the name of “Name E, Resident Number E: K, Address: Chungcheong GunL, contact number: M, and Maritime Water Sheet contract concluded by the said Party A, upon repayment of the down payment of 80,000,000 (sale0 million won) from the down payment (12 million won per year) that was made by the Plaintiff at the same time and place without authority for the purpose of exercising the aforementioned rights. The Defendant promised to pay out the down payment (12 million won per year) in the name of D fishing village fraternity, which was made under the name of the said Party E in his/her name after arbitrarily preparing the document “D fishing village fraternity E” on August 22, 2011.

In this regard, the Defendant forged a letter of agreement on the return of liability for deposit in the name of E, which is a private document on rights and obligations, and instead used the seal in the name of D fishing village fraternity.

2. The uttering of a falsified investigation document, the uttering of a false user and the criminal defendant shall be the victim C at the time and place specified in paragraph (1).