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(영문) 서울북부지방법원 2014.11.28 2014고단2322
사문서위조등
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is that the Defendant was a person running the (State)C, who was awarded a contract from (State)D to build a new multi-household housing F building in Gangnam-gu Seoul, and subcontracted the structural frame to (State)G during the construction. On the other hand, (State) H entered into a contract with the said (State)G on supply of ready-mixed.

(State) H demanded the request for the credit supply of the above (State)G on the part of the above (State)G, and the Defendant, who, in turn, has forged the documents relating to the joint and several guarantee of D and has taken place in mind. A.

On January 6, 2012, the Defendant forged a private document by using an official approval color pen on the paper of the wrap paper (contract) at the “I” coffee shop near the construction site of the said new construction project, stating that “trade name: D. D., business number: J., telephone: L., and address: Seoul Seongbuk-gu M: the Defendant affixed nine (9) D.D. seal impression to be used by the representative director in advance on his trade name.

Accordingly, for the purpose of uttering, the Defendant forged the guarantor column in the name of (ju) D among the documents of ready-mixed, which is a private document on rights and obligations.

B. The Defendant’s uttering of the above investigation document

(B) At the same time and at the same place as the same as the paragraph, any forged ready-mixed State document was delivered to N representative of H as if it was a document duly formed.

C. The Defendant’s fraud is above.

When presenting the above order to the victim N at the same time and at the same place as the same time as the paragraph, D, the owner, made a false statement as D, the owner, guarantees the payment of ready-mixed.

However, the above order was forged, and there was no fact that D had been said that D would provide a guarantee for the price of ready-mixed.

The Defendant, by deceiving the victim as such, had the victim acquire economic benefits equivalent to the same amount from January 14, 2012 to March 12, 2012, by allowing the victim to supply ready-mixed equivalent to KRW 23,035,650 from March 14, 2012.

2. Determination.

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