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(영문) 부산지방법원 2016.08.10 2013고단7232

사기미수등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 29, 2011, the Defendant entered into a contract for additional repair works of USD 248,200 for the victim E and fishing vessel F (the name of the former fishing vessel: G; hereinafter “the instant fishing vessel”). On July 4, 2011, the Defendant was transferred USD 49,640 from the injured party as the down payment.

On July 21, 2011, the Defendant entered into a contract for the second additional repair works with the victim on the basis of the fact that USD 63,820 was received from the injured party as an intermediate payment out of the first additional repair works, and entered into the said contract for the second additional repair works, as if he received USD 63,820 on the pretext of the contract deposit, and forged the note, etc., to bring a lawsuit claiming the cost of repair against the victim, and submitted it to the court to win the lawsuit, and received a false second and third additional repair works.

1. From July 201 to January 2, 2013, the Defendant forged a private document: (a) signed the name of H, the captain, and the signature of I, the head of the agency, on the captain’s signature column of the letter of order for additional construction, stating that “On July 23, 2011, the date from July 23, 201, to September 9, 201, the date from July 1 to the date from September 2, 201, orders from the said NO to the second additional construction; and (b) the signature of I, the head of the agency.”

Around that time, the Defendant continued to sign a two-way drawings with a rof 30m/m x 3,000m storage for a drum and sign a signature on the order-placing of a two-way shop manufacturing device installed at a drum in order to verify the order-placing of a vessel, “the drawings described as “,” the signature on the two-way drawings for manufacturing a window at 30m/m drum 7.5m m/m drum 7.5m m. m. m. / m. 7.5m in length,” the two-way drawings for verifying the order-placing of a vessel, “the drawings described as “the drawings,” and “the drawings,” the two-way drawings,” and the 25m m. m. x 50m drum.