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(영문) 서울서부지방법원 2015.04.16 2014고단2085
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2014 Highest 2085] The Defendant is the representative director of the F Co., Ltd. in Mapo-gu Seoul Metropolitan Government E (hereinafter “F”), and the victim G is the representative of H limited liability company in China, which is Chinese nationality.

From July 2005, the Defendant sent to the victim an estimate invoice of the Products under F name, and the victim produced Nexta by product specification and loaded the Company to the Company I (hereinafter “I”) in Japan according to the direction of the Defendant, and sent the price to the Company I (hereinafter “I”) in Japan. The Defendant traded by means of remitting the product to the Chinese Construction Bank that the Defendant traded.

Since January 2012, the defendant was unable to pay approximately KRW 2 billion to the victim because of the difficulties in the financial situation of the company, and the victim made a clause that the victim would export KON to I in Japan according to the order of the defendant, the victim would be directly transferred from I to the Chinese Construction Bank in which KONI would trade the purchase price directly. For this reason, the defendant agreed that the KONEX would offer the real estate owned in the name of the defendant and his family as security and then direct transfer the KONI to the Chinese victim.

Accordingly, the defendant requested KON to transfer the KON to the representative of I directly to the victim in China. However, the KJ refused the defendant's request due to the fact that he was unaware of who is the victim, and the defendant was willing to be supplied with KON by deceiving the victim by forging an estimate invoice without being able to do so.

1. Forgery of private documents and the display of private documents;

A. On November 15, 2012, the Defendant, who forged and events an estimated invoice of November 15, 2012, Seoul around November 15, 2012.

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