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(영문) 서울중앙지방법원 2017.01.20 2016고단2402

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around October 201, the Defendant borrowed money from the victim D for the Defendant’s partner, who experienced difficulties in raising business funds, and around October 201, the Defendant offered the Defendant’s claim for the refund of the lease deposit as security, since the Defendant’s defect in borrowing additional money from the victim, and the victim demanded the security.

The money was received from the victim, and the victim was born.

1. The Defendant, around November 25, 201, borrowed money from the “F” office operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, to the victim “F” office operated by the Defendant in Dongjak-gu, Seoul. The Defendant would provide the Defendant with the right to return the deposit of the house leased as security.

“.........”

In addition, on November 28, 201, at the same place as the victim around the same day, and on August 18, 2012, if the defendant fails to pay the victim the money borrowed by the victim by August 18, 2012, he/she obtained the consent of H to the effect that he/she will transfer the lease deposit amount of 65 million won held by the defendant against H, a lessor, to the victim in relation to the "Seoul-gu Seoul Metropolitan Government G Housing 501", a residence of the defendant.

At the same time, the Republic of Korea was born.

However, around July 5, 2011, the Defendant borrowed KRW 35 million from a lending company, and had already provided a claim for the return of the above lease deposit as security, and the part of H’s consent stated in the above loan certificate was also forged at will by the Defendant.

On November 29, 201, the Defendant, by deceiving the victim as such, received three copies of the KRW 10 million check from the injured party under the name of the borrowed money at the same place as the same time and acquired 30 million won by defrauding the victim.

2. On November 28, 201, the Defendant of a private document forged the following purport: (a) the lessor, an employee of the Defendant, who was unaware of the circumstances, consented to the lower portion of the loan certificate indicated in paragraph (1) with respect to the provision of the security for the repayment claim of the above lease deposit by the lessor H up to August 18, 201.