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(영문) 서울중앙지방법원 2015.11.18 2015고단2990
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From C (ju), the Defendant received the position of the president in relation to the construction project of the apartment building located in the Yangcheon-gu Seoul Metropolitan Government, and held the corporate seal imprint in relation to the construction project of the apartment building located in the Yangcheon-gu Seoul Metropolitan Government, the Defendant arbitrarily prepared the contract for the reconstruction project of the Gangnam-gu Seoul Metropolitan Government Dtel under the name of the said C (State), and had the intent to acquire money by using

1. On October 3, 2013, the Defendant was believed to have the authority and capacity to promote the instant officetel reconstruction project at the F Cut shop located in Gangnam-gu Seoul, Seoul, the Defendant: (a) on October 3, 2013, through G that the Defendant believed to have the right and capacity to promote the said officetel reconstruction project, the Chairperson A has the authority to implement all the tasks related to the instant project, such as construction rights and implementation rights. To implement the instant project, the Defendant is scheduled to establish the company immediately; (b) is to be employed as the financing and field manager of the newly established company; (c) the Defendant would sell the first floor at the lower price of KRW 150 million per square year as well as to pay investment profits of KRW 50 million.”

However, the facts are that the defendant was not the chairperson in the form of C(State), C(State) is not related to the business of this case, and there was no intention to use the money received from the complainant for the business of this case, and as such, there was no intention or ability to return the investment profits and sell the commercial building in lots.

On October 16, 2013, the Defendant received KRW 30 million from the victim to the account in the name of G on October 16, 2013. On the 17th day of the same month, the Defendant acquired two copies of the cashier’s checks in the I hotel located in Songpa-gu Seoul Metropolitan Government, and acquired KRW 50 million in total.

2. On October 2013, the Defendant forged private documents by means of a computer at the 2nd floor (main floor) Meak Building in Songpa-gu Seoul, Songpa-gu, Seoul, the Co., Ltd.’s joint implementation agreement and C Co., Ltd.

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