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(영문) 대구지방법원 2015.05.12 2014고단5561
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as if he had the intent to select the building demolition business entity in Daegu Northern-gu E from the representative director D Co., Ltd., by deceiving the F to make an investment in an amount equivalent to KRW 15 million, but demanded F to pay the said removal work even after the time the said removal work was promised, and the F to demand F to pay the F, by borrowing money from the victim G in the same way.

1. Around July 10, 2013, the Defendant forged private document: (a) borrowed KRW 15 million from a photo museum of the trade name in Daegu-gu, Daegu-gu, on condition that the aforementioned removal works are to be performed by F; (b) in order for F to easily borrow the above amount from another person, the Defendant considered it necessary to have the power of attorney for the removal works in the said name; (c) title “(d) on the paper located in the said location: the power of attorney, address of the project site: Daegu North-gu, Daegu-gu, and content: (d) made the case of removal for the said project; (c) the transferor: (d) written “C representative D and transferee: A”; and (d) voluntarily signed on the paper subsequent to D’s name.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of D, a private document on rights and obligations.

2. On November 18, 2013, the Defendant: (a) drafted a contract for the transfer of removal works at the foregoing G office located in Daegu Suwon-gu H around November 18, 2013; and (b) exercised the forged power of attorney to the said G as if it were a document duly formed.

3. The defrauded made a false statement to the effect that, at the time and place like the above Paragraph 2, the Defendant would return the interest and principal of 25% per annum on the above amount if the removal work was not commenced within 90 days, while making a forged power of attorney as above to the victim G, and lending only KRW 15 million per annum to reduce the removal work.

However, the facts are that the defendant did not intend to perform the above removal works, and he will pay the above borrowed money to the victim.

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