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(영문) 대구지방법원 2015.05.28 2015고단731
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 2013, the Defendant: (a) prepared and printed the Standard Contract Agreement for Private Construction Works in the name of the Company, “D”, which was located in Daegu Suwon-gu, Daegu-gu, Daegu-si, for the purpose of exercising at the coffee shop, and forged one copy of the Standard Contract for Private Construction Works in the name of the Company, stating “(i) on October 21, 2013; (ii) on December 20, 2013; (iii) total construction cost on December 20, 2013; (iv) total construction cost on December 20, 2013; (iv) Daegu Metropolitan City F, G, registration number H, and representative I of the contractor’s address; and (v) signed and printed the Standard Contract for Private Construction Works in the name of the said Representative; and (v) affixed a copy of the Standard Contract for Construction Works in the name of the Party.

2. The Defendant, at the place of the above temporary bordering, presented to K the standard contract form for private construction works that was forged as above, and subsequently exercised the contract form for private construction works, as if they were duly drawn up.

3. The Defendant is a building company.

The Defendant, at the time, at the place, and at around eight years before the date and time of the preceding paragraph, was in bad credit standing since he was unable to repay approximately KRW 40 million, and around October 2013, the amount of debt of a corporate bank was approximately KRW 18 million without any property, and approximately KRW 3 million monthly revenue was disbursed at the expense of each month. Since the Victim K was aware that he would enter into a contract with a normal company with a construction license, he would have no intention to enter into a contract with the Defendant without a normal construction license in bad credit standing, even though he was aware that he would have no intention to enter into a contract with the victim, he would enter into a contract for construction with the victim as if he were to receive construction from the G representative, and the contract for construction work was concluded with the victim, KRW 3 million with the Daegu bank account with the victim on October 17, 2013, KRW 100,000,000 won, KRW 301,01,000,013.

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