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(영문) 대전지방법원 2015.06.04 2014노1961
사기등
Text

The judgment below

Among them, each part concerning the forgery of private documents and the uttering of private documents shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. According to the evidence submitted by the prosecutor, the court below did not recognize the fact that the defendant acquired 110,000,000 won from the complainant F as stated in the facts charged in this case, and sufficiently recognized the fact that he used it to the complainant, but did not err by misapprehending the fact that all of the facts charged in this case was acquitted, which affected the conclusion of the judgment.

2. Summary of the facts charged in this case

A. A. On October 11, 2010, the Defendant said that “In the event of a screen golf course business in Daejeon, the Defendant would have made an investment in the Rotten Investment to be punished for the amount of KRW 30,000,000 per month” with D Real Estate located in the following cities: “The Defendant would be punished for the amount of KRW 30,000 per month.”

However, the defendant did not intend to pay profits to the complainant even if the complainant has invested in the K Scrap golf course business.

On October 11, 2010, the Defendant deceptioned the complainant as above, and acquired 50,000,000 won from L’s account under the name of L on October 11, 201, 200, 20,000 won on October 12, 2010, and 110,000,000 won on October 13, 2010 (hereinafter “the instant money”).

B. On December 15, 2010, the Defendant forged private document: (a) the title “the name of the construction project: the golf practice site, the contract amount: KRW 510,233,148 of the construction amount; (b) the terms and conditions of the contract for the construction of the above facilities: (c) the contractor, under mutual agreement, shall complete the construction by making all efforts necessary for the construction at the time of the construction; (d) the balance of the construction was promised and completed within two months after completion of the document; (b) the document stating “the document” (hereinafter “the document”).

In this respect.

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