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(영문) 대전지방법원서산지원 2020.08.12 2020고단584
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2017, the Defendant was sentenced to five years of imprisonment with prison labor for habitual larceny, etc. by the Cheongju District Court, which became final and conclusive on July 18, 2017.

The Defendant, as a person who invested approximately KRW 300 million in the E operation business, which the deceased B (Death on December 31, 2017) operated in the name of Co., Ltd. in Sejong City, was transferred by the deceased B to F on May 2016, the Defendant was willing to recover the amount of investment by forging the notice of transfer of credit under the name of D and receiving the outstanding claim against the said transaction partner, as the Defendant acquired the outstanding claim from D from D to the said transaction partner.

1. Attempted fraud related to the victim G stock company, fabrication of private documents, and uttering of falsified documents;

A. A. On June 27, 2016, the Defendant forged private documents without authority to use the computer for the purpose of uttering at a place unknown to him at a place, and without authority, the Defendant: (a) used the computer to enable H, who is the Defendant’s seat, to use the computer to use the claim amount of KRW 3,670,50,00 for the purchase of goods held by G representative director I; (b) interest in arrears; and (c) all rights incidental thereto; and (d) all rights incidental thereto: The transferor transferred all of the claims amount and all rights indicated in the indication of the above assignment claim to which he is entitled to receive from your company; (c) as the transferor transferred all of the rights indicated in the payment order indicated in the above transfer claim indication to A (Korean resident registration number J and Sil-gu, Sil-si, and the transferee transferred all of the rights indicated in the payment order indicated in the above transfer claim; (d) the transferor paid the amount in accordance with the payment method to A, and (e) the sender and the sender: D/Gu representative director D (M) Cheongdo, Inc.

Accordingly, the defendant is a private document on rights and duties for the purpose of uttering.

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