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(영문) 서울남부지방법원 2018.05.11 2018고정164
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

A. On August 31, 2016, the Defendant, at the coffee shop located in Gangnam-gu, Seoul on August 31, 2016, c. 5, 2016, requested the president D of the company who filed the complaint to pay money to the Plaintiff for the purpose of creating new apartment buildings in the Chungcheong-gun, Chungcheongnam-do, and the Pyeongtaek-gun, Gangwon-do, and seven lots.

The term “E apartment construction work” means new construction work, (ju) construction work contract, and the term “G new construction work,” and received KRW 5 million deposit after the delivery of the standard contract.

However, even if money is paid to the complainants, there was no intention or ability to connect the standard contract for private construction works.

Nevertheless, the Defendant, by deceiving the complainant, received five million won from the complainant to the SC Japan bank account (H) in the name of the Defendant.

B. On August 31, 2016, the Defendant prepared a document of the title "E apartment construction standard contract contract for privately constructed construction works" in order to deliver the document to the complainants of the crime committed at the port of fraud in the front of the out-gu, Seoul, Gangnam-gu, Seoul, as of August 31, 2016, the Defendant written the document of the title "I (State)" and "I (representative)" and "A (representative director)" and affixed the Defendant's seal.

However, the defendant was not related to the company "I (State)" and was not a representative director.

Accordingly, for the purpose of exercising, the defendant prepared a copy of the contract which is a private document with respect to rights and obligations, recognizing the qualification of the representative director of the I (state).

(c)

In the event of a private document prepared for qualification, the defendant had the complainant affix his seal on the "contractor" column and paid one copy of the contract, as if the contract was duly formed with the "contract for standard contract for private construction works of EE apartment construction", which is a private document prepared by qualification reproduction at the above date, at the above time and place.

Accordingly, the defendant is considered as qualified.

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