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(영문) 광주지방법원 2015.10.14 2015고단3271
사기등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, with respect to the claim for damages between B and C (e.g., Mine District Court 2014Da36066), concluded with C on behalf of B by delegation of all powers, such as agreement, and agreed with C on behalf of B, and the fact was, despite the agreement between C and B, that “B shall pay KRW 8 million to C,” but the agreement between C was made between C and B, was forged as if it was the agreement between C to pay the agreed amount of KRW 13 million, and then, was used to obtain by deceiving B the difference between the actual agreement amount of KRW 8 million and the forged document amount of KRW 13 million.

1. On December 12, 2014, the Defendant forged private document: (a) using a computer located in the Defendant’s office located in the fourth floor of the Dong-gu Seoul Special Metropolitan City D Building; (b) “Agreement” in the title column; (c) “C” in the Plaintiff’s case number column; (d) “B” in the Defendant’s column; and (e) “B” in the content column, the Plaintiff printed out a document stating that “the Plaintiff shall receive 13 million won from the Defendant B on December 12, 2014, and submit the withdrawal letter; and (e) on the same day, the Plaintiff shall set the agent E and the agreement at the public service center of the Gwangju Special Metropolitan City District Court located in the 7-12, Dong-gu, Gwangju, by setting the amount of KRW 8 million; and (e) signed the agreement with the agent E and sealed it in the name subsequent to the above document after obtaining a seal from E, not aware that the agreement was written in KRW 13 million.

Accordingly, for the purpose of uttering, the Defendant forged a letter of agreement in the name of C, which is a private document on rights and obligations.

2. On December 12, 2014, the Defendant: (a) exercised the aforesaid forged agreement with B, as if it were a document duly formed, at the house located in the Nam-gu Seoul metropolitan area, Nam-gu, Gwangju; (b) as if it was a document duly formed.

3. The Defendant’s fraud, around December 12, 2014, refers to “C” to the victim at the victim’s house located in the Southern-gu Gwangju Metropolitan City F (year 81).

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