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(영문) 서울중앙지방법원 2015.12.11 2012고단4858 (1)

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

"2012 Highest 4858"

1. The Defendant is a person who has promoted multiple export projects in Japan, along with B.

On January 6, 2009, the Defendant, at the Defendant’s house of Seoul Special Metropolitan City, Nowon-gu, 102 Dong 803, using a computer network program to borrow KRW 200 million for business funds from the Defendant and B, prepared a draft of the agreement to repay the previous loans of the loan and D, and sent it to B by e-mail, and requested the consent to conclude the above agreement, but did not consent by B, even though around January 7, 2009, the Defendant, without authority, printed out two copies of the draft of the above agreement with the purpose of exercising the B’s seal as a business relation, affixed two copies of the agreement in the name of B, which is a private document related to rights and duties, and forged two copies of the agreement in the name of B, which is a private document related to the rights and duties, at around that time, and exercised as if the agreement was concluded by only D or one copy of the agreement after the agreement was reached.

2. Around April 23, 2009, the fraud defendant was in reality unable to continue the business to the extent that he had ordered the defendant to suspend the business due to the lack of business funds, etc. on or around January 2009, when the defendant continued to operate the business, and even if he borrowed money due to excessive debts, he did not have the ability to repay it even if he borrowed money, he did not have the ability to repay it. However, he did so as if he had the victim D's multiple export contract entering into a multilateral export contract, and he borrowed the bonds worth KRW 150 million at the end of the final conclusion. If he borrowed the bonds equivalent to KRW 150 million,00,000,000 from the high seas, he would pay the principal within three months prior to the conclusion of the export contract, and KRW 50,000,000,000,000,000,000,000,000,000 won after the conclusion of the contract.