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(영문) 서울북부지방법원 2013.04.03 2012고단2668
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Forgery of private documents;

A. On September 30, 2010, the Defendant, without authority, prepared and signed a document(s) stating, “On September 2, 2010, the sending note, document number D (E), receptioned F (State), E marketing of the sending department, delivery date: September 30, 2010, and settlement conditions: November 15, 2010,” to which the Defendant signed on G’s name.

Accordingly, the Defendant forged a letter of order, which is a private document on the rights and obligations of G name.

B. On November 2010, the payment date was postponed on November 15, 2010 due to the partial defective quality of the goods (g golf course) supplied by the FF corporation to E on September 30, 2010 (including tax invoice base / the amount of goods for the supply of KRW 50,132,500), without authority, for the purpose of receiving a request from H to receive a written confirmation from H as a result of the receipt of the confirmation from H in the name of G at a place unclaimed in the middle of the police station. The Defendant confirmed that the said measures (fran exchange) will be paid in cash on November 30, 2010 after confirmation of November 25, 2010, and then signed on the name of G after receipt of the document (a written confirmation from the manager of business division E on November 18, 2010).

Accordingly, the Defendant forged a letter of confirmation, which is a private document about the certification of G name.

2. Uttering a falsified investigation document;

A. On September 28, 2010, the Defendant loaned KRW 40 million to H from the office of F&A operated by H located in Gwanak-gu in Seoul Special Metropolitan City, while issuing a forged order as stated in paragraph 1(a) as if it was genuine.

B. On November 19, 2010, the Defendant, at the office of the said FF FFF, demanded H to pay the money borrowed from H, and exercised the certificate as if it was genuine, as set forth in paragraph (1)(b).

3. Fraud;

A. The Defendant committed fraud against the Victim H at a place where the Defendant was a police officer on September 2010.

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