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(영문) 서울남부지방법원 2013.06.07 2013노61
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (i.e., fraud against victim F) explained to F that the Defendant should pay KRW 100 million to F on condition of being awarded a contract for construction work by J Co., Ltd., the original contractor, and that F promised to pay KRW 50,000,000 out of the above security deposit. The F made payment of KRW 14,77 million and kept it in custody, and there was no deception by F as to whether it was urgently needed to use the material cost at another construction site, and there was no intention of defraudation.

The Defendant introduced AD from D to the vice-chairperson of G at the place where I, the representative of D and G (hereinafter “G”), the Defendant, who was a representative of D and G (hereinafter “G”), was awarded a contract for the apartment construction of Daejeon in the name of G, and the Defendant divided the construction profit into 5:5 in consultation with AD to divide the construction profit after having been awarded a contract for the apartment construction of Daejeon in the name of G. On March 2010, G representative, I also reported the signboards “stock Company G” to the Defendant’s office before the Defendant’s office at first of March 2010, and did not raise any objection, and thus, the Defendant did not have any intention to commit the crime of forging private documents and the crime of uttering of the above investigation document.

Fifth, the Defendant believed that AE is the chairman of the Assembly of X Co., Ltd. (hereinafter referred to as “X”), and confirmed the construction site after AE confirmed that AE would enter into a subcontract for the construction work, and then written a construction work contract after obtaining X’s name plates, seals, etc. from AE, and thus, the Defendant did not have any intention to commit the crime of forging private documents and the crime of uttering of the above-mentioned documents.

Applicant The fraud against the victim A and AB thought that the Defendant could enter into a subcontract at the time of borrowing money from A and AB (hereinafter referred to as "A, etc.") and borrowed money.

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