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(영문) 전주지방법원 군산지원 2018.11.28 2018고단365
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of limited company C, and D (Death on November 30, 2017) is the actual operator of the above company.

1. In addition to delegated affairs, the Defendant and D had the custody of the head of E and F’s seal impression in order to establish a new legal entity, and thus there was no right to use the head of E and F’s seal impression.

Nevertheless, the Defendant and D, at the office of G in the early April 2017, should have a guarantor at the office of G in the Gunsan-si, the Defendant and D want to supply the 26,686,80 won of the market value, sn beam beamline, and Yll construction materials on credit, without permission of E and F, affixed the seal impression of E and F on the request for purchase, and sent the request for purchase to H by facsimile.

Accordingly, the defendant and D used the seals of E and F for the purpose of uttering in collusion, and used the seals illegally used.

2. The criminal defendant, by telephone from the beginning of April 2017, intended to supply the victim H with credit, “The construction materials will be supplied at the end of April, and the price will be paid at the end of April, and E and F will be the guarantor.

The letter of request for purchase, signed and sealed by the head of E and F’s seal imprint as described in the foregoing paragraph 1, sent by facsimile to the victim.

However, without the consent of E and F, the Defendant was in custody for other purposes.

E and F seal imprints affixed on a written request for purchase, and there was no intention or ability to sign E and F as a surety.

The Defendant: (a) by deceiving the victim as above; (b) supplied the sn beam beam and the remaining body construction materials equivalent to KRW 26,686,80 at the market price around April 5, 2017.

Summary of Evidence

1. The legal statement of H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a complaint - a written request for purchase, a criminal investigation report (F, listening to statements by telephone), a criminal investigation report ( complainants and telephone contents);

1. Article 239 of the Criminal Act concerning criminal facts and the choice of punishment

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