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(영문) 부산지방법원 2016.01.29 2015고단5003
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The act of forging a private document, forging a private document, or uttering of a falsified or falsified falsified document of 2015 Highest 5,03;

A. On August 30, 2012, the Defendant: (a) received KRW 25 million from C and received the right to collect scrap metal, etc. arising from the construction site of a factory of D Co., Ltd; and (b) the Defendant was willing to forge a contract for collection of scrap metal under the name of representative director E of D Co., Ltd, by taking advantage of the circumstances where the seal impression, such as representative director, is kept in the office of the manager at the construction site of D Co., Ltd.

On August 30, 2012, at the office of a factory of D Co., Ltd. located in Gyeongnam-gun F, the Defendant: (a) stated that, for the purpose of uttering, the Defendant: (b) using a computer, “high iron collection contract, official name D (State) and the representative director E’s terms and conditions of the contract shall be delegated to (B)G (State) (State); (c) the unit price shall be equal to the changed unit price; (d) the rate shall be 30% per day; and (e) the goods shall be divided to B 70%: D (State), E representative director, goods contractor’s trade name (State representative director), and H”; and (e) affixed the seal of E which was kept in the office adjacent to the name of the representative director.

As such, the Defendant prepared “a scrap metal collection contract” under the name of the representative director E of the D Co., Ltd., which is a private document on rights and obligations, and provided the same.

B. Around 14:00 on August 31, 2012, the Defendant: (a) urged the victim C to collect scrap metal coming from D, if any, at D offices located in Gyeongsung-gun F, Gosung-gun; and (b) the Defendant: (c) demanded the victim C to collect scrap metal coming from D.

However, the defendant was merely a new construction site manager of D's factory manufacturing parts, and the management of the steel site was in charge of the new construction work in the I company, and not only D's representative director, management director, etc., but also did not have the intent or ability to collect scrap metal from the victim as if D's regular director was the victim, even though he did not have been delegated the right to dispose of scrap metal and steel by-products.

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