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(영문) 서울동부지방법원 2015.11.12 2015고단1545
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2012, the Defendant entered into a food materials supply contract with the victim E (hereinafter referred to as “E”) on the condition that the payments for the end of each month be made in cash with the victim in Songpa-gu Seoul (hereinafter referred to as “E”), and concluded from the 21st day of the same month to the end of the same year on the ground that the payment for the first day of June of the same year was not made proper, the victim would suspend the supply of food materials; and the Defendant was willing to forge the fund investment contract under the name of F (hereinafter referred to as “F”) which is the customer in order to continue to be supplied with food materials from the victim.

1. On June 5, 2012, the Defendant forged private documents by means of a computer located in the office of the Defendant located in Songpa-gu Seoul Metropolitan Government (Seoul Building 5111), prepared and printed out an investment contract stating that “A shall invest KRW 250 million to H (B) by June 12, 2012, by means of a computer located therein, for the purpose of uttering at the Defendant’s office located in Songpa-gu Seoul Metropolitan City (Seoul Building 5111), and signed and sealed the seal of the Justice’s representative who was stationed in advance on the name of the GJ, the part indicated as “A: the address of the Daegu Metropolitan City; I; the name of the company; the name of the company; and the representative: J (N).”

Accordingly, the Defendant forged the F’s capital investment contract in the name of F.

2. On June 5, 2012, at the E office located in Songpa-gu Seoul Metropolitan Government, the Defendant issued a forged fund investment contract to the victim as if it were a document in which the said forged fund investment contract was duly prepared, and the Defendant agreed to make an investment with the knowledge that it was difficult to finance the F, which is the principal customer of H,. On June 12, 201, the Defendant made a false statement stating that “I would normally settle the price if food materials are continuously supplied if the first fund entered is being supplied.”

However, the Defendant did not have entered into a fund investment contract with F, and at the time, was the company due to the return from the existing business partners and the increase in the premium unit price.

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