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(영문) 수원지방법원 성남지원 2013.05.22 2012고정1868
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 13, 2009, including the process of the conclusion of the D Hospital Extension Project in Dacheon City, F, the representative director of E, a corporation, awarded a contract for the said hospital extension project from G G to the Director of D Hospital, and subcontracted the panel and the ironworks to H.

E In fact, due to the relationship without a comprehensive construction license, the Defendant attempted to borrow the name of the corporation I located in Ansan-si for pro-friendly F, but the said company was in default, and the company decided to execute the construction contract in the name of the representative director L of the corporation J (Seoul Special Metropolitan City Nowon-gu, Nowon-gu, hereinafter “J”) with the intention of “if the president of the E company F, which is inter-party 1, is to complete the said construction work without any problem, he will pay the comments later if only the name of J is lent.” In the attendance of the Defendant on May 28, 2009, the D Hospital concluded the construction contract in the name of the construction cost of KRW 570 million between L and non-party 1, L and G at the D Hospital.

After the dispute between H and F, the above extension work was executed in E, and the J was not involved at all, and the H's subcontracted work was considerably advanced in June 2009, but H was unable to pay construction cost of KRW 10 million and suspended the progress of the construction work.

Accordingly, the Defendant, while having no intent or ability to settle the construction cost together with F, conspired to continue the construction work by promising H to assume the responsibility for the construction cost at the J.

On June 19, 2009, at the D Hospital Extension Project site, the Defendant made a proposal for the completion of construction as follows: “The Defendant is responsible at the J and paid KRW 10 million to H until June 26, 2009, and the remainder should be paid at the end of July 2009.”

Accordingly, for the purpose of exercising documentary evidence, H entered the same content as “JA” in the column of the payment guarantee of the construction cost and the execution-related agreement and delivered it to H.

However, the defendant has the authority to guarantee the above payment for J.

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