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(영문) 수원지방법원 2015.07.02 2014고단7133
사기등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the forgery of private documents related to the confirmation.

Reasons

Punishment of the crime

[criminal power] On April 16, 2009, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of fraud, fabrication of private documents, and uttering of private documents at the Seoul Central District Court on April 16, 2009, and the execution of the sentence was terminated at the Seoul Detention Center on October 15, 2009.

In addition, on June 19, 2014, the Defendant appealed for six months of imprisonment with prison labor for property damage at the Incheon District Court, but the appeal was dismissed and the judgment of the first instance court became final and conclusive on October 3, 2014.

In the indictment, in addition to the crime of destroying and damaging property for which judgment has become final and conclusive on October 3, 2014, the crime of fraud for which judgment has become final and conclusive on the same day also includes the relation of concurrent crimes between the instant crime and the instant crime under the latter part of Article 37 of the Criminal Act. However, the crime of fraud for which judgment has become final and conclusive on October 3, 2014 is limited to the crime committed in 2006, which is subject to which judgment was rendered on April 9, 2009, and which became final and conclusive at that time, and the instant crime was committed. Accordingly, since the crime of fraud for which judgment has become final and conclusive on October 3, 2014 was in a state that it cannot be judged simultaneously with the instant crime from the beginning, it is not related to the latter part of Article 37 of the Criminal Act.

(See Supreme Court Decision 2014Do469 Decided March 27, 2014, etc.)

1. Around 15:00 on July 8, 201, the Defendant drafted two copies of the removal construction contract form “F” (hereinafter collectively referred to as the “instant removal contract form”) in a coffee shop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul: “The name of the construction project: the interior removal project, the contract amount: 196,00,000 won: the contractor’s address: 406, trade name, and the subcontractor’s address: 406: (ju), E: the corporation of the E Co., Ltd. (hereinafter referred to as “F”), which had been located in the vicinity of the “F” of the removal construction contract form, stating “F” as well as G and H, respectively.

This is the defendant.

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