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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The Defendant, a person who runs a construction business in the name of “B”, entered into a contract for the supply of ready-mixed Co., Ltd. with the victim Non-Co., Ltd. while performing construction works upon request by the Corporation for New Construction of D’s Factory and F’s factory construction of E’s factory.
1. On January 22, 2016, at the site of the E-factory construction work located in Gangseo-gu Busan Metropolitan City, the Defendant: (a) “Non-Amba Co., Ltd. may supply ready-mixed on credit only when there is joint and several surety D and F in the order of ready-mixed in order to secure the payment of ready-mixed; (b) the Defendant shall obtain the word “Amba Co., Ltd. shall obtain the consent of D and F joint and several surety in the joint and several surety column of the order of ready-mixed,” and (c) received the order of ready-mixed, a joint and several surety column.
Since then, the Defendant issued the order of ready-mixed in which D and F, the owner of the building, are written as a joint guarantor to H, who is an employee of the victim company at the construction site at the above construction site, to the effect that “the owner D and F signed and sealed the order as a joint guarantor because they signed and sealed it on the order of ready-mixed.”
However, the defendant, without permission from D and F, voluntarily entered the personal information and signature of D and F in the joint guarantor column of D and F, and affixed the seal in the name of D and F on his own name and forged. There was no consent from D and F on the joint guarantor of D and F on the payment of D and F.
As such, the Defendant deceiving H, who is an employee of the victim company, and who is in the position of the Defendant, from January 22, 2016 to the point of view of the victim company.
5. Until April 1, 200, the market price was supplied with 174,673,840 won or more.
2. On January 22, 2016, the Defendant forged a private document without authority for the purpose of exercising at the site of construction of a new E plant located in Gangseo-gu Busan Metropolitan City.