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(영문) 서울중앙지방법원 2015.03.27 2014고단8022
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 7, 2012, the fraud Defendant concluded a joint agreement between the victim E Co., Ltd. (hereinafter “victim”) located in Seocho-gu Seoul Metropolitan Government (hereinafter “Seoul”), and between F and the victimized company, the Defendant concluded a joint agreement between F and the victimized company for H district H district of the Seoul Special Plan for G G in Gwanak-gu, Seoul, and concluded a false statement stating that “five persons, who are the vice-chairpersons of the victimized company, shall have five members of the H district of the Special Plan, shall pay five million won per capita at the work cost, and the land appraisal cost and survey cost need to be incurred, and the construction will be carried out smoothly after completing the land purchase work within one month, if the total amount of KRW 75 million is required for the performance of the work.”

However, the defendant was thought to be used for the purpose of repaying the existing obligations of the company without using it for the above joint projects, such as paying money from the damaged company as business promotion expenses because the liabilities incurred by the office, public charges, etc. are accumulated.

Nevertheless, the Defendant, as above, by deceiving the Vice-Chairperson of the victimized Company I and transferred the amount of KRW 75 million on September 11, 2012 from the victimized Company to the Credit Union account in the name of F.

2. Forgery of private documents

A. On November 4, 2012, the Defendant, at the F Office located in Gwanak-gu, Seoul Special Metropolitan City, entered the address, name, and telephone number of the J in the column of “written consent on real estate sales contract” prepared in advance by using an authorized color pen in the form of “written consent on the establishment of an urban management planning,” and then stamped the J’s name in the column of the consent form of “written consent on the formulation of an urban management planning,” and stamped the seal on the next page, and written the name of the J in the column of the delegating form of “written consent on the delegation of administrative act.”

Therefore, for the purpose of exercising, the defendant is a letter of consent to the contract for the sale of real estate under J's name, and a letter of consent to the preparation of an urban management plan.

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