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(영문) 서울서부지방법원 2016.03.30 2016고단307
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19, 2015, the Defendant: (a) around the Seoul Special Metropolitan City Nowon-gu Office No. 225, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City; and (b) even though D is a vehicle that is flooded with an EMW320d car registered on a used vehicle sales site, the Defendant, without notifying the victim F of the fact that the said vehicle was flooded, made a false statement that “the vehicle is a complete accident-free vehicle”; and (c) sold the vehicle.

As above, the Defendant: (a) received cash 20,800,000 won from the victim, who had induced the victim as above; (b) received 14,80,000 won from the victim under the name of another vehicle as the purchase price; (c) transferred 14,80,000 won from the victim to the company bank account (G) account in the name of the Defendant on September 18, 2015; and (d) received 6,00,000,000 won from the company bank account in the name of the Defendant around the 19th day of the same month; and (e) received 4,245,200 won from the said account on or around the 20th day of the same month.

2. On September 19, 2015, the Defendant: (a) at the foregoing C office around September 19, 2015; (b) in order to conceal the flooded history and sell vehicles to the said F, he/she had H, an employee, voluntarily sign F on the used cars and condition inspection record book; and (c) confirmed that he/she received a record of checking the performance and condition of used cars in the record of checking the performance and condition of used cars.

Under the signature column of the phrase “F”, the signature of F was forged by entering “F” as “F” and making F sign on the name next thereto.

Accordingly, the defendant has forged F's signature without authority for the purpose of exercising his authority.

3. On October 14, 2015, the Defendant signed the investigation at the office of the Economic Investigation Team of the Seoul Western Police Station located in Eunpyeong-gu, Seoul, Seoul, for the unification of Eunpyeong-gu. 757, one copy of the record of checking the performance and condition of used cars, on which the above forged signature was entered, is duly established with the police officer in charge of the charge of the forgery.

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