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(영문) 부산지방법원 2016.02.18 2015고단4301
사기등
Text

Defendant

A shall be punished by imprisonment for six months.

However, the above sentence against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2013, Defendant A forged Private Document: (a) arbitrarily entered the construction amount of KRW 4,675,00,000 in a computer in the form of a contract for private construction works stored in the computer in his/her own residential area located in Busan Urban Transportation Daegu 106,502; (b) the date on which completion is scheduled; (c) the delayed rate of KRW 1/10,000 in the contractor column; and (d) output at the contractor column and H representative I in the contractor column; and (c) the Defendant was kept in custody next to the name of G of the output document;

J’s seal was affixed as if it were G’s seal.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a contract for private construction works in G, a private document related to rights and obligations.

2. The defendant A exercised the above investigation document by transmitting a copy to the employees in the name of K accounting office who are not aware of the circumstances, at the time and at the place specified in the above 1. Paragraph A, one copy of the forged contract for private construction work as described in the above 1. Paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the prosecution with respect to L (including a copy of the forged document);

1. Application of the Act on Report of Investigation (Confirmation of Facts)

1. Relevant Article of the Criminal Act, Articles 231 and 234 of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Part not guilty under Article 62 (1) of the Criminal Act (including the absence of past record of punishment for the crime of the same kind or that of the punishment heavier than the suspended sentence, and the reflection of the sex, etc.);

1. Summary of the facts charged

A. Defendant A and Defendant B’s joint crime agreed with J around August 201 to “new construction of “NMoel” on the ground of Busan-gun M on the land of the captain of Busan-gun, with each share of 1/2.” On March 30, 2012, Defendant A and Defendant B agreed to “new construction of “PMoel” on L and 1/2 shares and 5 shares on the ground outside Busan-gu, Seo-gu, Busan-gu, and Defendant H (representative I) agreed to perform each of the following construction works.

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