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(영문) 대구지방법원 서부지원 2016.06.09 2015고단2061
사기등
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to 12 years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on January 24, 2014

4. 10. The judgment became final and conclusive.

【Criminal facts】 From November 12, 1991 to September 4, 2009, the Defendant served as a team engineer at D Research Institutes located in Embry C in Emsung City from November 12, 1991 to September 4, 2009, and is a labor union representative of the said Research Institute and a person who served as a Korean company company director.

1. Around May 2009, the Defendant told the victim E to the effect that “the victim E pays the tea deposit that gives the D Research Institute’s right to self-market and store operation.”

However, there was no authority to conclude this contract with the defendant who is in charge of the business of the general affairs team, and the defendant thought to use the money paid by the injured party to repay other debts, so even if he receives the money from the injured party as the down payment, the victim did not have the intention or ability to give the right to self-scalizing and store operation.

The Defendant, as such, deceiving the victim, and deceiving him as a down payment from the damaged person, under the pretext of down payment, shall be KRW 110 million on May 29, 2009, and the same year.

6. 9.230 million won was remitted to an account under the name of the defendant.

2. The Defendant: (a) attempted to forge the documents in the name of F of the D Research Institute’s representative in order to believe that E has the authority to grant the said Research Institute’s right to self-market and store operation; (b) the Defendant forged the documents in the name of F of the D Research Institute.

On June 4, 2009, the Defendant, at the office of the first floor of the foregoing research institute, entered “D Research Institute” in the lessor column, “D Institute” in the main column, “Seoul in Gyeonggi-do,” and “F” in the representative column using a computer, affixed the F seal prepared in advance to the name of the said F, thereby forging a copy of “self-market and store operation agreement” in the name of the F of the D Research Institute.

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