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(영문) 서울북부지방법원 2018.06.01 2017고합398
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who, from December 2014, operates a mutual company called “F” in Jung-gu Seoul Metropolitan Government E.

When the Defendant, a personal business operator who does not have the records of construction performance, was unable to receive construction work in the name of F, the Defendant had a large scale of the company and relatively excellent construction performance as a joint guarantor, and had tried to enter into a construction contract with G Co., Ltd. (the representative H, hereinafter “G”) by concluding the construction contract as a joint guarantor, and had not obtained the consent of joint and several guarantee from the said G, and

1. Forging a private document or uttering of a falsified investigation document;

A. On March 26, 2015, the Defendant, at the office located in Seocho-gu Seoul Metropolitan Government International (hereinafter “J”) on March 26, 2015, entered “G” in the column for joint and several guarantors of “B” as of April 1, 2015 of the contents related to the production and supply of goods in the process of preparing a supply contract with G and F without authority for the purpose of exercising joint and several sureties’s consent in relation to the maintenance of American base vehicles between J and F, and the production and supply of non-military materials at the scene of the downloading site with the J and F, and forged one copy of the payment contract under the name of G, a private document concerning the duty of rights by sealing the seal imprinting the use of the said G’s name.

B. At the same time, at the same time and place as above (A) the Defendant: (a) delivered to K the above-mentioned representative director of J, who may know of such fact, a forged goods payment contract, as if it were duly formed; and (b) exercised it.

2. On March 26, 2015, at the above J office, the Defendant: “G and Defendant F agreed to provide joint and several sureties with respect to the maintenance of the U.S. military base vehicle, the production and supply of materials other than the miscellaneous hardware at the site where the G and Defendant F were loaded.

“A supply contract of goods equivalent to KRW 968,403,700 for the supply of goods between J and J on the same day (hereinafter “instant supply contract”).

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