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(영문) 의정부지방법원 2017.08.18 2016고단4939
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant, through the consignment sale of C products and the “E” staff F of the Victim D’s Operation, who is a siren agent, requested the victim to “the victim to conclude a siren contract for C products, and to pay the fees.”

On April 27, 2015, the Defendant made a false statement to F, stating that “The Defendant was ordered to supply 50 air clean air conditioners at G Private Institutes located in Ansan-si in Gyeonggi-do, and received sirens order and paid operating fees.”

However, as the defendant has experience free of charge for air cleaning on the side of G Private Institutes, he only set up 50 air cleanings in G Private Institutes, and did not have concluded a normal siren contract with G Private Institutes.

As such, the Defendant deceiving F, who is an employee of the victim, and affixed the following seals to the victim.

4. From that time to June 16, 2015, a sum of KRW 32,795,000 was paid for four times in total, as shown in the list of crimes in the attached Form, as well as a receipt of KRW 8,250,00,00 as a rental fee for siren 28.

Accordingly, the defendant received property from the victim.

2. On June 3, 2015, the Defendant forged a private document: (a) written “J” on June 29, 2012; (b) written in the column “J” and “date of issuance (resident card)”; and (c) written in the column “K” and “K” column “K” and signed in the name of K,” respectively.

The Defendant, in the same manner, prepared the “Contract and Acceptance Certificate” in the name of K in Chapter 41.

Accordingly, for the purpose of uttering, the Defendant respectively committed a contract under the name of K and a letter of acceptance, which is a private document related to the rights and obligations.

3. The Defendant is aware of the forgery at the same time and place as the foregoing paragraph 2.

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