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(영문) 광주지방법원 순천지원 2016.11.01 2016고합68
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

1. On November 201, 2014, the Defendant said that “AS would be employed by the Secretary General as M University A Q and a full-time professor to the victim AR who wishes to employ M University A Q and a full-time professor through U, the head of the non-permanent area,” stating, “AS will be employed by the Director General as M University A Q and a full-time professor.”

However, there was no plan to employ A Q and a full-time professor, and the Defendant did not request the victims to be employed as A Q and a full-time professor from AS, and there was no call to request the victims to pay money in relation to the employment of professors.

Nevertheless, the Defendant made a false statement as above and received 20,000 won in cash from the victim’s wifeK on January 23, 2015, and 80,000 won in cash on February 11, 2015, respectively.

As a result, the defendant was given KRW 100 million under the name of the school development fund, which is premised on deceiving the victim and employing professors.

2. The Defendant, who forged a private document, pretended to be delegated with the power to transfer the right to operate the AT by the president N of MUU and acquired money as the money for the transfer of the right to operate the said school foundation.

On August 29, 2015, the Defendant: (a) arbitrarily prepared a “written contract for transfer and takeover” by a legal entity that “The president of M University receives KRW 1 billion from the Defendant; (b) will transfer AT to the Defendant in total of KRW 5 billion; and (c) the Defendant may request another person to purchase a school juristic person and transfer it to another person; and (d) signed N in his name and sealed N’s seal in advance.”

Accordingly, for the purpose of uttering, the Defendant forged one copy of the contract in the name of N, a private document on rights and obligations.

3. On September 23, 2015, the Defendant at the time of uttering of the above investigation document to AW who is aware of the forgery at the AV main points of the Defendant’s operation in the AV in the MaU of Macheon-si around 17:00.

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