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(영문) 대구지방법원 2016.07.14 2016고단1226
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2014, the Defendants jointly committed the crime at the F Office of the Victim E (55 years) in Daegu-gu, Seogu, Daegu-gu, about 12:00 on October 28, 2014, the Defendant agreed that the Defendant A would operate the Defendant G corporation, Defendant B would work for the KRW 10 billion in relation to the removal of the H house in Daegu-gu, Daegu-gu, and that the Defendant B would work for the KRW 30 million in the commencement cost of the project. As such, the Defendants would enter into a construction contract equivalent to KRW 480 million in relation to the removal of the house in Jeju-gu, Daegu-gu.

The phrase “ makes a false statement.”

However, Defendant A did not operate G Co., Ltd. and Defendant B did not have worked as the regular director of the said company. Defendant B did not have any intent or ability to receive a contract for construction even if he received money from the injured party due to the lack of the contract for removal works.

On October 31, 2014, the Defendants: (a) by deceiving the victim; (b) received money from the victim to the Defendant’s account; (c) KRW 20 million; and (d) KRW 10 million from the Defendant’s account; and (d) KRW 30 million in total from the victim’s account.

As above, the Defendants conspired and acquired the victim’s property by receiving the property.

2. Defendant A

A. On December 30, 2014, the Defendant: (a) entered into a contract for removal works with the victim; (b) entered into a contract for removal works with the victim; and (c) entered into a contract for removal works with the victim, “G” in the column of construction works for the removal works contract using computers outside the Daegu Metropolitan City, Dong-gu, Seoul; (c) “G” in the column of the contractor’s trade name; and (d) placed “A” in the column of the contractor’s name; and (c) placed the G seal attached to the name of the Defendant.

As above, the Defendant forged one copy of the removal construction contract in the name of G Co., Ltd., a private document on rights and obligations for the purpose of uttering.

B. At the time and place indicated in the above 2-A, the Defendant exercised the above investigation document as if he were a document duly formed with E, who is aware of the forgery of the above one copy of the forged removal construction contract.

Summary of Evidence

1. Defendants’ respective legal statements 1.

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