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(영문) 서울남부지방법원 2013.07.09 2012고단3553

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 26, 2011, the fraud Defendant concluded a false statement with the victim E office operated by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “A contract for supplying construction materials to the Free Trade Development Co., Ltd. was concluded, so that the purchase cost of the materials will be purchased and supplied.”

However, in fact, the defendant did not enter into a supply contract with Hyundai Industrial Development Co., Ltd., and all of the money received from the victim as a material cost for the defendant's living, so there was no intention or ability to purchase materials to be supplied to Hyundai Industrial Development Co., Ltd. even if he received money from the victim.

The Defendant received 3.45 thousand won from the victim to the new bank account in the name of the denying F in terms of the purchase cost of materials on the same day.

In addition, from around that time to January 16, 2012, the Defendant received total of KRW 85,443,270 from the victim over 40 times as shown in the list of crimes in the annexed sheet.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 7, 2011, the Defendant forged private document: (a) on the third floor of the E office located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant would pay the amount of the price for the goods by November 15, 201, using computers from the third floor of the E office located in Yeongdeungpo-gu Seoul Metropolitan Government, by means of the computers, “Seopool, Ilpool 63,675,700 (Seocheon three hundred and twenty thousand Won), and by November 15, 2011; (b) the obligor’s trade name: Hyundai Industrial Development (State), business number: G, mutual E, business number of creditors: H: November 07, 201; and (c) printed out by using the source installed in the above office, and affixed the Defendant’s seal affixed to the name of the I, as if he had affixed his seal.

Accordingly, for the purpose of uttering, the Defendant forged a letter of payment in the name of I, a private document on rights and obligations.

3. The defendant shall be stated in paragraph (2) of this Article.