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(영문) 대전지방법원 천안지원 2018.03.30 2017고단2772
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who actually operated E Co., Ltd. (hereinafter referred to as “E”) that engages in construction and agricultural materials sales business.

1. On August 27, 2012, the Defendant: (a) entered into a contract for the supply of H and steel pipeline at the E office located in Nam-gu, Nam-gu, Namcheon-gu (hereinafter “G”); (b) in the form of lending only the name to the representative director, I actually receive compensation; and (c) he/she agreed that he/she would be jointly and severally liable for any obligation arising from the transaction of G; (d) notwithstanding the fact that he/she did not have agreed to be jointly and severally liable for any obligation arising from the transaction of G, he/she without authority in the column of the goods supply contract without the authority to exercise the right; and (e) in the column of “payment of the goods price”, “B”, “B” column of the goods price, upon entering the name of the guarantor, shall be paid in cash by no later than the end of the following month after settling the transaction of the goods supplied by the seller and then the purchaser’s name “E” column “after entering the name and joint purchaser’s name” in the column of “I” column.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of goods supply contract under the name of joint and several guarantors, which is a private document related to rights and obligations, and exercised it.

2. The Defendant, at the above date and at the above place, concluded a contract for supply of goods under the name of joint and several guarantors, and concluded that H “to pay for the supply of goods normally upon the delivery of goods.”

However, in fact, since the goods supply contract was forged in the name of the joint guarantor, and E lack of transaction performance, the facts charged in this case indicate that “E has no net profit due to lack of transaction performance,” but the following facts charged are stated as “E has no net profit.” However, as seen below in the judgment on the assertion of the Defendant and the defense counsel, as seen below.

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