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(영문) 춘천지방법원 강릉지원 2014.08.13 2014고단384
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On September 13, 2013, the Defendant was engaged in the building business and the brick manufacturing business with the trade name of the “D” in Gangnam-si, and around September 13, 2013, the Defendant concluded a contract for the new construction of the victim’s detached house in Gangnam-si F from the victim E with a contract amounting to KRW 75 million, and completed the construction work.

1. The victim of the fabrication and uttering of private documents paid KRW 20 million on Sep. 13, 2013 and KRW 10 million on Oct. 18, 2013 under the contract for construction works with the Defendant. The Defendant and the victim decided to change the contract amount of the said construction work into KRW 65 million on Oct. 23, 2013, and again prepare a written contract for the said work, and the victim additionally paid the Defendant KRW 10 million on Sept. 24, 2013.

However, after that, the Defendant and the victim did not pay the remainder of the construction cost to the Defendant after having undergone disputes over the time of payment of the remainder of the construction cost and the defects of the newly-built house, the Defendant forged a contract document in the name of the victim to bring a lawsuit claiming the payment of the construction cost against the victim.

At the end of November 2013, the Defendant forged private document: (a) stated in the form of the contract agreement for construction works in which the Defendant had the Defendant’s “D” office with a black pen; (b) stated the construction cost of KRW 30,000,000; (c) the construction name of the construction site; and (d) Gangwon-do, Gangwon-do, the construction site of the construction site; and (c) made copies of the contract for construction works equivalent to KRW 65,00,000,000, written by the victim to the Defendant on October 23, 2013; and (d) attached at his own discretion to the back of the contract amount of KRW 75,00,000,000,000, written by the Defendant.

Accordingly, the defendant is under the name of the victim who is a private document concerning rights and duties without authority for the purpose of uttering.

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