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Reasons
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(영문) 의정부지방법원 2015.11.06 2015고단2407
사기등
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A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

"2015 Highest 2407"

1. On May 21, 2014, the Defendant: (a) entered into a contract with the content of supplying the scrap metal emitted from the removal site of the above C apartment facilities to E, “E” of the D’s operation at the c apartment shop near Sinpo-si Mapo-si; and (b) entered the “straw/straw contract” in the transferor’s trade name column with the verification-type pen, and then put the H’s seal attached to the transferor’s trade name column, “G” and “H” on the business number column; and (c) puts the H’s seal attached thereto.

Accordingly, for the purpose of uttering, the Defendant forged a “high/high/water contract” in the name of H, a private document related to rights and obligations.

2. Around June 6, 2014, the Defendant prepared qualification-based document: (a) was carrying out as if the Defendant was delegated the authority of the J office located in G, Inc., Inc., Ltd., and (b) signed a sales contract with K and D; (c) was placed on the name next to the name of “H of F, Co., Ltd., Ltd., a party entering into the meeting,” and on the side of “F A, a party entering the meeting.”

Accordingly, for the purpose of exercising the right, the defendant prepared a sales contract, which is a private document concerning rights and duties, in which the agent qualification of F Co., Ltd. is gathered.

3. The Defendant, at the time and place specified in Paragraph 2, exercised the “sales contract” prepared as above with L, who is aware of the Defendant’s use of the right at the time and place specified in Paragraph 2, as if they were duly formed.

4. Fraud;

A. A. Around July 1, 2014, the Defendant against the victim M made a false statement to the victim M, “The Defendant would sell scrap metal coming from the construction site at the site, if he/she pays KRW 10 million to the boiler C1 apartment at the time of Bapopo-si.”

However, the defendant, around May 2014, has already been described in paragraph (1).

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