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(영문) 광주지방법원 목포지원 2013.04.09 2012고단1556
사기미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the executive director of a limited liability company F (hereinafter “F”), entered into a consignment management contract with F and Freight Trucking Services and claimed for the entrusted management expenses, etc. on the part of F and F, while managing F on behalf of G, as the executive director of the limited liability company F (hereinafter “F”).

Although the Defendant did not have any agreement on the amount of settlement of the entrusted management expenses, method of filing a claim, etc., the Defendant had been entrusted with all the affairs related to the entrusted management contract from D at the time of the entrusted management contract, and had the seal imprint of D and D’s former wife E, the nominal lender, affixed the seal imprint of D and D’s former wife E in blank. In lieu of the claim for the entrusted management expenses, the Defendant had the intent to request the payment of the loan by drawing up the loan certificate in the blank and in mind as if he lent

On July 18, 2011, the Defendant: (a) stated in the blank where the seals of E and D are affixed at the F Office located at PY at Ppoposi-si; (b) “I wish to pay the said amount by June 18, 2008, the said amount shall be paid not later than June 18, 2008, with an authorized color pen attached to the blank where the seals of E and D are affixed. If I wish to accept any civil or criminal measure if I fail to pay by this date, I write down a loan certificate.”

Accordingly, for the purpose of exercising authority, the Defendant prepared a letter of loan, which is a private document on rights and obligations in the name of E and D.

B. On July 11, 2011, the Defendant submitted an application for the payment order of loans with the purport of paying KRW 13,000,000 to E and D from the Gwangju District Court Yan-dong, Maok-dong, the Defendant, along with the above application form for the payment order of loans, submitted the copy of the forged loan receipt to an employee in the name-free court who was unaware of the forgery.

Accordingly, the defendant is forged E, D.

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