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(영문) 서울중앙지방법원 2016.06.15 2015고단7795
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. that operates food materials delivery companies, and E is the representative director of F Co., Ltd. that receives food materials from D above.

The Defendant borrowed 150,000,000 won from E on the condition that the Defendant would receive alcoholic beverages from the Defendant Company F, and received a request to request a guarantee from the Defendant, and the Defendant’s seal impression, which was the Defendant’s auditor, received in advance as necessary for the operation of the company from G, and used the name of the Defendant’s seal impression that he received in advance for the operation of the company and the certificate of seal impression, etc., with the intention of carrying the above G as a joint guarantor.

1. On October 9, 2014, the Defendant forged a private document: (a) at the F Office in the branch of the Seoul Special Metropolitan City, Sungnam-si, Seoul Special Metropolitan City H 1st floor, and (b) Notwithstanding the fact that there was no authority delegated by the said G with respect to joint and several liability, the Defendant signed a trade agreement with the limited company, stating that he lends KRW 150 million to F on the condition that he/she supplies all alcoholic beverages to F, and affixed the said G seal on his/her name.

Accordingly, for the purpose of exercising authority, the Defendant forged one chapter of the transaction agreement under the name of joint and several guarantors, which is a private document related to rights and obligations.

2. The Defendant, at the time and place specified in Paragraph 1 above, delivered to the victim I a forged written agreement as if it were a document that had been duly formed, and exercised the said written agreement.

3. The criminal defendant issued a forged transaction agreement at the time and place as mentioned in the above paragraph (1), and as if he received delegation from the above G with the authority for joint and several sureties, deceiving the victim and deceiving the victim and deceiving the victim under the pretext of the loan.

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