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(영문) 서울중앙지방법원 2017.02.09 2017고단307
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution on March 28, 2013 for damage to public goods at the Seoul Eastern District Court.

9.5. The person for whom the judgment has become final and conclusive.

[Criminal facts]

1. The Defendant: (a) provided 60 million won to U.T’s representative director who has been awarded a successful bid for the right to operate the Nice Center in Seongbuk-si apartment in Sungnam-si to take over the above right to operate the Nice Center; and (b) planned to acquire the difference from the actual acquisition price by soliciting the acquisition by withdrawing the above acquisition price from the victim D, who is the land.

Under the aforementioned plan, the Defendant: (a) on July 2012, 2012, when the Defendant acquired the Defendant’s right to operate the Fice Center in the Seongdong-gu Seoul Metropolitan Government apartment complex from the “W” coffee specialty store located in Dongdaemun-gu, Dongdaemun-gu, Seoul, and operated the Defendant’s 400,000 won or more per month.

The acquisition price is 100 million won, and the other party was aware of the acceptance in the name of the other party, and the above acceptance was recommended to the effect that the acceptance will be made in the name of the other party only in the form.

The Defendant, on July 13, 2012, received KRW 95 million from the injured party as the acquisition price and paid KRW 60 million to the above U.S. as the acquisition price, thereby defrauding KRW 35 million, which is the difference.

2. On July 2012, 2012, the Defendant forged a private document: (a) entered the name “T representative director of the Center” and “T representative director of the Office” under the title “written receipt for the acquisition of the right of operation of the Center” using a computer program at the office located in Seocho-gu Seoul Metropolitan Government (State) TT office; (b) entered the document into the name “T representative director of the Office”; (c) printed out the document; and (d) was located in the office above the above name.

U’s seal was affixed arbitrarily.

Accordingly, for the purpose of uttering, the Defendant is a receipt in U.S. name, which is a private document on proof of facts.

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