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(영문) 서울중앙지방법원 2014.02.13 2012고단4858
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant, in collusion with D, has given a subcontract in advance to U-Formation Corporation which was not yet accepted on the ground of E Co., Ltd. which was preparing for acceptance, and has received the agreed price to use it for funds, etc. to prepare for acquisition of the company.

1. Forgery of private documents;

A. Although the Defendant conspired with D and received a delegation from E on the preparation of its name documents, the Defendant: (a) on September 22, 201, at the PC room near Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, the term “1. Construction Contract”; (b) the content of the “1. Construction Contract” using a computer; (c) U Construction: (d) V Day at the Gyeong-si, Gyeong-do; (d) the date of commencement: October 201; (d) the date of completion: October 4, 2014; (c) the date of completion: (d) the contractor entered into a contract with the contractor and the contractor according to the agreement and promised to perform their contractual obligations in good faith; and (e) prepare two copies of this contract as evidence; and (e) keep one copy of this contract as evidence.

The contractor: the contractor stated “F (resident number: Gu G during the Gyeyang-si in Gyeonggi-do) and entered into the contract with F (contractor) at the I restaurant located in Jongno-gu Seoul Metropolitan Government H on the same day, and affixed the name plate of “K for the representative director of the E Co., Ltd. of the building 903 E Co., Ltd. during the Ansan-si in Gyeonggi-do,” which was created in advance to the contractor column, and affixed the seal in the name of the representative director of the E Co., Ltd. who was created in advance. Accordingly, the Defendant forged one copy of the “Standard Contract for Private Construction Works” in the name of the E Co., Ltd. representative for the purpose of exercising rights and duties in collusion with D. B. The Defendant did not have received delegation from E Co., Ltd. for the preparation of the name document, but D around October 14, 201, using the computer in the name of the E Co., Ltd. in order to use it.

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