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(영문) 서울북부지방법원 2016.11.18 2015고합383
특정경제범죄가중처벌등에관한법률위반(사기)등
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

[criminal power] On August 27, 2014, the Defendant was sentenced to one year of a suspended sentence of six months for fraud at the Seoul Central District Court, and the said judgment was finalized on July 9, 2015. On June 3, 2016, the Seoul High Court sentenced one year of a suspended sentence to six months of imprisonment with labor for a violation of the Labor Standards Act at Seoul High Court, and the said judgment became final and conclusive on June 11, 2016.

【Criminal Facts】

The Defendant, “2015 High-Risk 414,” as an actual operator of E Co., Ltd. (hereinafter “instant company”), entered into a contract for reconstruction works, under which the E Co., Ltd. (hereinafter “instant association”) was implementing a reconstruction project on July 25, 2008, and the construction cost of KRW 6 billion (hereinafter “instant association”) to construct multi-family housing of the fifth floor above the third floor above the third floor above the second floor above the Seoul Jung-gu, Jung-gu, Seoul (hereinafter “instant building”).

1. On March 2, 2012, the Defendant printed out the form of the supply contract for multi-family housing stored in the computer at the office of the instant company located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu on March 2, 2012, the Defendant: (a) stated in the name of the complex that “F-type reconstruction and new construction works”; (b) “32,” “105,” “188,800,000 won” in the lot price column; (c) “259,200,000 won” in the building price column; (d) “448,00,000,000 won” in the total supply column; and (e) stated in the seller’s column “I”; (c) “J” in the seller’s column; and (d) written out “the representative of the F-type Reconstruction Association in the seller’s column; and (e) affixed a seal attached to the said association at will.

Accordingly, for the purpose of exercising, the Defendant forged a multi-family housing supply contract in the name of the instant association, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in Paragraph 1.(1), delivered a forged multi-family housing supply contract to the buyer J as if it were a document duly formed.

"2016 Gohap19"

3. The Defendant is at the office of the instant company as indicated in paragraph 1. around October 2, 2013.

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