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(영문) 서울중앙지방법원 2017.09.20 2016고단8330

사기등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the Defendant is acquitted.

Reasons

Punishment of the crime

1. The Defendant, around April 27, 2015, at his/her office located on the first floor of the Gangnam-gu Seoul Metropolitan Government C building, would allow the victim D to enter into a lease agreement with the lessor when the period of lease is until November 28, 2015.

The sub-lease contract was made to the effect that the deposit amount is 40 million won or more, and the sub-lease contract was made.

However, the defendant did not have any intention or ability to conclude a lease contract with the lessor even if he received money from the victim, since the lessor E of the above office did not consent to the sub-lease.

The defendant deceivings the victim as above and is subject to the same year as the deposit money from the damaged person.

4. 27. 27. 5 million won around the border, the same year.

5.5. Minority KRW 3 million, and the same year.

6.5. Minority KRW 1 million, and the same year.

6. 30,000 won around 30,000 won, under the same year.

7. Around 30.30, a total of KRW 30 million, including KRW 10 million around October 21 of the same year and KRW 10.0 million around the same year was delivered.

2. On May 1, 2015, the Defendant of a private document forgery: (a) stated that, in the foregoing office around May 1, 2015, the lessor and E’s agent F was not given a sublease agreement; (b) stated that, “B” was “B” and agreed to the sublease agreement between the former and the latter on May 1, 2015.

“The lessor was in possession of the lessor E

E’s seal imprint has also been sealed.

Accordingly, the Defendant forged a copy of the sub-lease agreement in the name of E, a private document on rights and obligations.

Summary of Evidence

1. Each legal statement of witness F and D;

1. Part of each protocol concerning the interrogation of the suspect against the defendant;

1. Copies of a criminal investigation report (Submission of additional data by a complainant) and the closure of a text message;

1. A contract for sublease of real estate, details of passbook transactions, and certificate of details thereof;

1. Description of the written consent of sub-lease and application of existing Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 231 and 30 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The aggravated Criminal Act for concurrent crimes.