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대구지방법원 2016.01.19 2015고단5266

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 7, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud in the Changwon District Court’s territorial branch. On December 18, 2014, the Defendant completed the execution of the said sentence at the Busan Correctional Institution.

The Defendant, through the AJ operated by the victims AI in Daegu-gu AH, was engaged in daily work by introducing the construction site, while engaging in daily work at the work site at the AL site that AK works as the site site at the AL site at which AK works at the site site, with the intention of forging AK’s work confirmation certificate, and submitting AK’s work confirmation document to the victim to obtain daily allowances, as it did not work.

On June 10, 2015, the Defendant entered “AM (AM)”, “AAA”, “A”, and “A” in the name column of the company in the column of the date of the AJ work confirmation document (for storage of supplier), and forged one copy of the work confirmation document in the name of AK after signing on the next side of the document, and submitted the forged document to the victim as if the Defendant had done work at the AL construction site on June 10, 2015, and submitted the forged document to the victim and received KRW 90,000 per day from the damaged party. From that time, the Defendant forged the work document in the name of AK, such as the list of crimes in the attached Form, and submitted the forged document to the victim by using the written confirmation and the document submitted to the victim by 54,000 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the police against AI;

1. Six copies of the certificate of forgery of the work and six copies of the certificate; and

1. Previous convictions in judgment: Application of a reply to inquiries about criminal history data, the number and acceptance status of each individual, and Acts and subordinate statutes to report criminal investigations (verification of the period of repeated crimes);

1. Article 347 (1) of the Criminal Act in relation to the facts constituting an offense (the point of fraud), Article 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act (the point of uttering of forged private document);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.