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(영문) 서울중앙지방법원 2017.06.22 2016고단3487
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On April 17, 2015, A was sentenced to six months of imprisonment and three months of imprisonment for fraud, etc. at the Cheongju District Court, and the above judgment became final and conclusive on June 12, 2015.

Defendant

B (B) around February 201, around the end of February 201, the Defendant was awarded a subcontract for the construction of the accommodation facility “F and G, and one parcel of land” (hereinafter “the instant construction”) from the head of the Si/Gun/Gu (hereinafter “the instant construction”) and paid KRW 10 million to the Defendant A, but thereafter, Defendant A conspired to acquire the money by means of falsity as if Defendant A had been able to do the instant construction work due to economic difficulties, while Defendant A was unable to receive the instant construction due to the failure to receive the subcontract.

1. On March 18, 201, the Defendants holding a private document forgery and the above-mentioned document use a computer for the purpose of uttering, even though they did not receive the instant construction work from Defendant A’s office located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, notwithstanding the fact that the Defendants received the instant construction work.

1. Project owner: I, and

2. The name of original-level construction works: New construction works of J accommodation/subcontract: New construction works of J accommodation facilities;

3. Construction site: F of Gyeonggi-do, Gyeonggi-do, and one parcel other than G,

4. 공사기간 : 착공 2011年 03月 日 / 준공 2011年 12月 30日, * 원사업자 주소 : 서울시 송파구 K / 상호 : I( 주) / 대표이사 : L, A”라고 입력하여 이를 출력한 뒤 L의 이름 옆에 미리 가지고 있던

L's representative director's seal was affixed.

As a result, the Defendants conspired to forge the standard subcontract contract for construction works in L name, which is a private document on rights and obligations, and exercised the contract as if it were a document that has been duly formed.

2. The Defendants in fraud, at the date, time, and place of the above Paragraph 1, provide the victim M with the standard subcontract agreement for construction works that was forged as above, and Gyeonggi-do, along with the I representative director L.

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