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(영문) 전주지방법원 정읍지원 2016.05.31 2016고단2
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2008, the fraud Defendant: “F gas station directly operated by the victim D in C on October 31, 2008,” the F gas station G, which is operated by the victim D, is operating the construction business with the trade name of H company and I company, and is doing construction on the upper east dong-dong river, and if the oil to be used for heavy equipment and dump vehicles is supplied on credit, the payment shall be settled in cash on the 15th of the following month after the end of each month.

“A false representation was made.”

However, the defendant did not have any intention or ability to pay the price even if he is supplied with oil on credit from the injured person.

The Defendant received oil equivalent to KRW 31,915,490 from the above G to March 9, 2009.

Accordingly, the defendant was given property by deceiving the victim.

2. When the Defendant received a demand for the payment of oil from the above G, he prepared a letter to G and received a forged real estate lease agreement as if he had the ability to pay the money.

On August 15, 2008, the Defendant: “J in the space column of the site for the real estate lease agreement,” “Y in the column of the deposit money,” “K in the space column of the receiver’s sexual name,” “K in the column of [150,000 (150,000)]; “Y in the column of the lessor’s sexual name; “Y in the column of the lessor’s sexual name”; “Y in the column of the lessor’s sexual name,” “Y in the column of the city of Gyeong Kim Kim-ri; K in the sexual name column of the name of the lessee; “A” written “A” in the name of the lessee; and kept in the above office.

K’s painting has been stamped.

Since then, the Defendant possessed a forged contract as above, at the office of “F gas station” as stated in paragraph (1) around March 5, 2009, prepared a letter of commitment to the payment of oil prices to G who is aware of the forgery, and deliver the forged real estate lease contract as if it was duly formed.

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