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(영문) 전주지방법원 군산지원 2012.11.09 2012고단1597
사기등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On October 29, 2003, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul District Court for occupational embezzlement, etc., and completed the execution of the said sentence on February 19, 2005.

The defendant is a person registered as the auditor of D (Representative E) corporation, who is called the name of "general director" and "general director" at H apartment construction work site in Gunsan-si, where F (Representative G) corporation was contracted to do so.

1. In around 2008, the Defendant used his personal debt amount from 3 to 400 million won, and had the right to make reimbursement pressure from creditors, and as if he had the right to sell the above apartment, he did so as to have the person who can sell the apartment more than 40% of the fixed sale price under the circumstances of the company, and received money as the sale price and used it for the repayment of his debt. The Defendant used his personal seal impression of D and F Co., Ltd. at a non-place and arbitrarily produced the above E’s personal seal impression at a non-place. The Defendant used the above E’s personal seal impression to prepare necessary documents, such as the sales contract, using each other.

However, in fact, the defendant did not obtain any delegation from D, E or F to conclude the above apartment sale contract, and furthermore, there was no authority to sell at a discount of 40% compared to the general sale price, and there was no authority to prepare the sales contract.

Around February 2, 2009, the Defendant provided the victim J with “a discount of 40% of the parcelling-out price if the parcelling-out price is paid in advance.” Around February 2, 2009, the Defendant provided “supply contract”, “a certificate of completion”, “balcon extension contract”, and “receipt”, which are the forged private document under the name of the company D and F representative director.

(b).

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