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(영문) 부산지방법원 2018.08.17 2017고단6295

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

108,000 won out of the costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

The Defendant is a de facto joint operator of “Co., Ltd. E” (hereinafter “Defendant and F Co., Ltd.”), located on the second floor of the building located in the Dong-gu Busan Metropolitan City (hereinafter “Defendant and F Co., Ltd.”), and the Defendant and F Co., Ltd. were awarded a subcontract for construction of multi-family housing on the second floor of the building (hereinafter “instant construction”). The Defendant and F Co., Ltd., from “G” to “G,” for the construction of multi-family housing (hereinafter “instant construction”).

When the Defendant ordered the victim I (hereinafter “I”) to ready-mixed necessary for this part of this part, and received a request from I to provide personal security for the obligation of ready-mixed, the Defendant, who was the owner of the construction of the instant construction, had the victim I deceiving him as if he jointly and severally guaranteed the obligation of ready-mixed, and had the victim I received the supply of ready-mixed from I.

1. On October 4, 2016, the Defendant forged private documents: (a) drafted the order of ready-mixed with the Defendant and the F Joint Operating Company’s office using a tamp-type pen; and (b) written the joint and several guarantors’ address column, stating “Y” in the name column, “L” in the name column, “M” in the resident registration number column, and “M” in the name column, and “M” in the name of the orderer; and (c) held in advance subsequent to the J’s name.

J’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant forged part of joint and several guarantors among the chapter 1 of the J J's order, a private document related to rights and obligations.

2. The Defendant, at the time, at the time, at the place specified in paragraph 1, submitted to N, an I employee, who is aware of the forgery, an order form for ready-mixed containing a forged joint and several surety, as if it were a document duly formed.

3. The Defendant, at the time and place specified in paragraph 1, presents to N, the employee of the injured party, a forged order of ready-mixed, at the time and place, and “the owner J against the company under its jurisdiction.”