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(영문) 서울남부지방법원 2012.12.26 2012고단1307
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2011, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court’s Incheon District Court’s Branch, and the said judgment became final and conclusive on July 1, 2011.

【Criminal Facts】

1. On July 6, 2009, the Defendant forged private documents in Yeongdeungpo-gu Seoul Metropolitan Government, with a seal affixed to the paper of the construction standard contract, and affixed a new name tag "D (State)" in the client column, "Civil Works among the new construction works of Pyeongtaek E building", "F, trade name D (State), H, construction wholesale, and general civil Works" in the column of the principal contractor, "F, mutual name D (H, construction wholesale, and general civil Works", and then stamped the corporate seal affixed in the name of the representative director of the D corporation.

Accordingly, for the purpose of exercising authority, the Defendant forged a standard construction contract form in the name of D Co., Ltd., a private document on rights and obligations.

2. The Defendant at the time and place specified in the foregoing paragraph (1) delivered one copy of the Standard Construction Contract, which was forged, to I, who was aware of the forgery, as seen above, as if it were duly constituted.

3. The Defendant, at the time and place indicated in the foregoing paragraph 1, concluded that “the victim I would be 20,000,000 won in terms of the test cost to have the victim take part in the civil works on the construction site of Pyeongtaek E-S building construction site,” which reads that “the victim I would have changed the cost of KRW 20,00,000 in terms of construction cost.

However, in fact, the defendant did not have any relation with D and did not have any intention or ability to accept the above civil engineering works because the defendant had already discontinued the company.

Accordingly, the Defendant was given KRW 10,000,000 to the places indicated in the above paragraph (1) on July 7, 2009, in terms of expenses, at the places indicated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. A written statement (D Company for Relevant Witnesses);

1. A copy of standard subcontract agreement;

1. Copy of a receipt;

1. A previous conviction in judgment: Application of the statutes to a report on confirmation of a fixed date (Attachment to a written judgment);

1. The point of Article 231 of the Criminal Act of the corresponding Article 231 of the Criminal Act concerning criminal facts and imprisonment with prison labor;

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