beta
(영문) 서울동부지방법원 2016.11.02 2016고단2083

사기등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 2083"

1. On June 2014, the Defendant violated the Framework Act on the Construction Industry: (a) the Defendant promised that “a company’s actual operator of the said company’s E Co., Ltd. (former name before its change, F Co., Ltd.) shall pay 3% (3%) of the face value of profit by allowing the said company to carry out construction works in the name of the said company in connection with the construction work of Dongdaemun-gu HG Housing; (b) registered as an internal director of the said company on June 10, 2014; and (c) on November 7, 2014, the said company’s office entered the company’s company’s company’s name as the principal of the act of lending the name of the said company by borrowing the construction business registration certificate

2. On September 2014, the Defendant borrowed KRW 20 million from the victim I, who will take occupancy in the office of the Construction Site of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the effect that “F corporation borrowed money from KRW 20 million after completion and will pay interest at the rate of 12% per annum” and without authority to prove that “F corporation borrowed money from KRW 20 million after completion, and will pay interest at the rate of 12% per annum” in the debtor column of the above loan certificate: J: 502, stating “G building 502” in the above J’s name and address column, and then forged the F corporation’s loan certificate, which is a private document on the rights and obligations, affixed its seal impression on the use of the F corporation’s name and exercised it to I.

However, as above, the defendant was only entitled to borrow the registration certificate, etc. of the complainant company and did not have the right to borrow money in the name of the complainant company.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the victim as the borrowed money on September 26, 2014.

"2016 Highest 2552"

3. On June 2014, the Defendant who forged a private document or displayed a private document is changed to E Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government.