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(영문) 서울동부지방법원 2019.01.30 2018고단3540
사문서위조등
Text

A defendant shall be punished by a fine of seven million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the Indoor Construction Business Co., Ltd., who is delegated by the victim C to remove the building in Seoul Jung-gu and two lots, and design and supervision of new buildings related to new construction works, he thought that he will forge a guarantee certificate requested by the Special Construction Business Co., Ltd. to submit it to the victim.

1. On November 30, 2017, the Defendant forged private documents: (a) in the office of the third floor B of the building in Songpa-gu Seoul, Songpa-gu, Seoul; (b) in the name of the Association, which was previously issued and kept under the custody of the said Association, can be set up using a scner to “48,200,000”; (c) the contract amount as “197,00,000”; (d) the contract amount as “C”; (c) the contract name as “C”; (d) the contract date as “ October 30, 2017”; (c) the contract date as “ October 30, 2018”; and (d) the contract guarantee period as “from November 30, 2017 to April 30, 2017,” and written out a contract guarantee certificate.

Accordingly, for the purpose of uttering, the Defendant forged a contract guarantee in the name of the Specialized Construction Mutual Aid Association, which is a private document about a certificate of fact.

2. On November 30, 2017, the Defendant was transferred KRW 48,200,000 as down payment, on December 1, 2017, to the H bank account in the name of the victim, and KRW 41,80,00,000 as advance payment on March 12, 2018, when concluding a contract for the design and supervision of the said construction with G, the victim-friendly president, and G, the victim-friendly president of the Seoul Gwangjin-gu Seoul Special Metropolitan City Government.

Accordingly, the defendant exercised a contract guarantee under the name of the Specialized Construction Mutual Aid Association, which is a private document about the certification of facts, and received property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the G Statements Acts and subordinate statutes

1. Penal Provisions 231, 234, and 347 (1) of the Criminal Act. Article 231, 234, and 347 (1)

1. Aggravation for concurrent crimes;

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