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(영문) 인천지방법원 부천지원 2014.03.06 2013고단2460
사기등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around January 16, 2012, the Defendant entered into a contract for the supply of ice and ice with the Nam-gu Incheon Metropolitan City C Prize 106 and ice-type D, and without authority, the Defendant: (a) without authority to exercise the right to lease; (b) stated that “F, the owner of the above commercial building, succeeds to and renounces his/her right to lease and deposit 30 million won; and (c) stated “F: F; (d)”, “resident registration number: G; and “H”; and (d) arbitrarily sealed his/her seal on the name next to the above F’s name; (c) forged a letter of waiver of the deposit in the above F’s name, which is a private document regarding the rights and obligations; and (d) exercised it by facsimile on January 17, 2012, by sending a forged letter of waiver of the deposit to E.

Summary of Evidence

1. Defendant's legal statement;

1. Witness E;

1. Application of Acts and subordinate statutes to a copy of a statement of waiver of lease deposit;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, the Articles 234 and 231 of the Criminal Act, and the respective fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On February 2, 2012, the Defendant entered into a ice supply contract with D’s employees J, operated by the victim E, in the Nam-gu Incheon Metropolitan City 106, with the supply of ice, which is KRW 200,000,000, contract period from February 20, 2012 to the date the contract price is achieved, and KRW 30,000,000,00,000, of the prepaid sales incentive.

However, even though the above IE operated by the Defendant was insufficient and the monthly payment of KRW 30,000,000 as well as the monthly payment of KRW 180,000,000, as well as the monthly payment of KRW 30,000,00, as well as the monthly rent settlement, the Defendant forged the “written rejection of the lease deposit” under the name of the lessor F.

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