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(영문) 서울서부지방법원 2016.01.20 2015고합9

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and the judgment was finalized on February 28, 2013.

【Criminal facts】 The Defendant is an agent who belongs to a communications business team of F Co., Ltd. (hereinafter “F”).

1. Forging a private document;

A. On April 201, the Defendant, at the F Business Team office located in Mapo-gu Seoul Metropolitan Government G G Building, voluntarily signed I using a computer in the paper for receipt of products stored therein, entered the title “(H Hann”) in the phone number column, “J of the I chief,” “K” in the vehicle circuit column, “K” in the vehicle circuit column, and “K on March 02, 201” in the shipping date column, and “the number of persons as follows,” respectively, and signed by I.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a receipt, which is a private document on rights and obligations, in the name of I.

In addition, the Defendant forged 25 pages, which is a private document related to rights and obligations, in the name of the Defendant, for the purpose of exercising as stated in the list of crimes in attached Table 1 at the same time and place as above.

B. On April 29, 2011, the Defendant, at the office of D Co., Ltd. (hereinafter “D”) located in the Jung-gu Seoul Metropolitan Government L Building (hereinafter “D”), and even though there was no delegation from F’s representative director, M of the F to prepare a debt acceptance contract, the Defendant arbitrarily sealed the F’s employee reduction of the company, which was kept in custody by the FF’s representative director M on the part of the FF’s name of the debt acceptance contract drawn up by D.

Accordingly, for the purpose of uttering, the defendant has forged a letter of debt acquisition contract in the name of F representative Director M, a private document related to rights and obligations.

2. Exercising the relevant investigation document;

A. On April 8, 2011, at the business team office of the above F around 16:15, the Defendant, by facsimile, filed a petition with D staff N, who is aware of the forgery by means of the above forgery and 25 pages.