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(영문) 수원지방법원 2014.06.09 2014고단1359

사기

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

[Defendant B] The defendant shall be punished by imprisonment for four months.

except that this judgment.

Reasons

Punishment of the crime

[Attachment] On November 28, 2012, Defendant A was sentenced to a suspended sentence of two years in the six-month period due to the charge of forging private documents at the Suwon District Court, and the said judgment became final and conclusive on December 6, 2012.

(2) On May 17, 2010, the Defendants offered one copy of the real estate lease agreement in the name of D, which is forged that “A leases a house with the period fixed on August 10, 2011” to the effect that “A leases a house with the period of KRW 80 million and August 10, 201.” The Defendants offered one copy of the real estate lease agreement in the name of D, which is forged to the effect that “A leases a house with the period of KRW 80 million from D, and the period of time fixed on August 10, 201, if I lend a KRW 40 million as business funds for the purpose of business funds to the victim as if he were a lessor, and paid all of the above amount to the victim by May 30, 201, if I were unable to repay, and the amount of KRW 80 million out of the above deposit will be paid by August 10, 2011.”

However, since Defendant A leased a house with a deposit of KRW 3 million, monthly rent of KRW 300,000 from D, there was no claim for the refund of deposit of KRW 80,000,000, and in particular, the above real estate lease contract presented to the victim was forged.

Nevertheless, the Defendants deceiving the victim as above in collusion with the person under whose name the victim was not injured, and thereby deceiving the victim, on May 10, 2010, and the same year.

5.15.15 million won, and the same year.

5. 18.35 million won, and the same year.

7. On 15.2 million won, a total of 40 million won was acquired through fraud, such as receiving each remittance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to C and F;

1. Details of passbook transactions;

1. Each report on investigation;

1. To enter and present the real estate lease contract;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records, copies of written judgments, and investigation reports;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of penalty as an alternative penalty;