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(영문) 서울남부지방법원 2016.04.29 2015고단4599

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 2014, the Defendant operated the Mat in Yangcheon-gu Seoul Metropolitan Government, and as a result, as a result of the shortage of funds in operating the Mat, the Defendant intended to obtain a loan from M-Bap loan as a business operation fund. The Defendant intended to arbitrarily prepare a lease contract as if the lessee was written in the name of the Defendant, rather than the Defendant, and submit it to the said lending company to obtain a loan by fraud, despite the fact that the lending company requested a business registration certificate and a business establishment lease contract to verify credit.

1. Before March 17, 2014, the Defendant, based on the forgery of private documents, without authority, using a pentle in the form of a real estate lease agreement with the Defendant “location: Yangcheon-gu Seoul,” “100,000,000, monthly deposit KRW 7,000,000, monthly deposit,” “20,000,000,” “amount 80,000,000,000,” and “real estate name” “on November 12, 2013, the real estate name” and “on the previous (monthly) date” as stated in the written indictment in light of Article 2 title 6 of the evidence-related record No. 2, supra, is apparent, and even if it was corrected without any amendment, it does not result in a substantial obstacle to the Defendant’s exercise of his/her right to defense. Therefore, it is corrected ex officio.

A. The Plaintiff stated “24 months from the date of the lessee’s order of real estate name”, “the date of preparation, etc., on November 12, 2013”, “the lessor F, resident registration number G, address Ha, and telephone number I”, and “U, resident registration number J, address Seoul Dongjak-gu K, and telephone number L,” and forged one copy of the said F’s real estate lease agreement, which is a private document document on rights and obligations, by arbitrarily sealing the seal under the F’s name and sealing to the said lessor’s name.

2. The Defendant’s exercise of fraudulent and above investigation documents on the 18th day of the same month on the 17-18th day of the evidence record No. 1, No. 17-18, No. 47, and No. 2.