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(영문) 인천지방법원 2020.11.27 2020고단3927
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 2018, the Defendant forged a private document: “1. Business name: New Construction of the D Medical Foundation E Hospital,” in the form of a contract for construction works by using a computer at a C office in the vicinity of B, Hacheon-si, Hacheon-si;

4. Contract amount: A contract shall be entered into between the owner of the Dental Foundation and the F&C Company in the column for the matters of a separate special agreement, on the condition that the contract for the construction work of the E Hospital in Dongducheon-si is entered into between the owner and the F&C Company, as follows:

In the Foundation column, “trade name: D Medical Foundation, Representative: President H,” written the name seal of the president which is arbitrarily created next to the Foundation column, affixed the seal of the president, and written “F: F.F. corporation and representative: representative director I” in the column of the Project, and affixed the seal of the F.F. corporation which is arbitrarily created next to it.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the contract for construction works in the name of the president of the Dental Foundation and the F corporation, which is a private document on rights and obligations.

2. Around November 1, 2018, at the place specified in the foregoing paragraph (1) above, the Defendant shown that the victimJ was genuinely formed with the conclusion of the contract agreement for the construction work that was forged, as stated in paragraph (1). As such, the Defendant was awarded a contract for the new construction of the D Medical Foundation E Hospital from F Co., Ltd., a domestic-friendly corporation, and would have been awarded a contract for the construction of electric installations during the said new construction work. Upon receipt of the contract, the Defendant would be entitled to take profits of 7-8% of the down payment. The Defendant borrowed KRW 10 million as the construction cost is required.

However, in fact, F was not a company run by the defendant's pro-friendly, and F did not have been awarded a contract for the new construction of the D Medical Foundation E Hospital, and the defendant did not have the intent or ability to make the victim receive a contract for the new construction work.

The defendant.

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