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(영문) 서울남부지방법원 2020.01.09 2019고단5194

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around August 2016, the Defendant leased the Geumcheon-gu Seoul Metropolitan Government D and E Commercial Building Housing (hereinafter “the above Housing”) which is owned by Nonparty D and one other, and was unable to enter the above Housing due to the occurrence of circumstances. In response to the Defendant’s request to the effect that the Plaintiff would make a new tenant enter the above Housing and would be able to terminate the lease within the Housing, the Defendant would arbitrarily sublet the above Housing and receive the deposit from the sub-lessee by using the fact that the person does not live in the said Housing.

1. Accordingly, on September 3, 2016, the Defendant stated that “H” operated by the Geumcheon-gu Seoul Metropolitan Government F and the first floor, which is a foreigner of Chinese nationality, was delegated by the victim I, a foreigner of Chinese nationality, and “A, etc., who is the owner of the foregoing house, is to sublease the said house for two years to the deposit for lease on a deposit basis.”

However, the defendant did not have been delegated by the owner of C, etc. with the authority to sublease the above sub-lease, received the deposit from the victim and thought to use the deposit in personal repayment, etc. immediately. At the time, the defendant did not have any specific income or property and did not have any intent or ability to return the deposit even if he received the deposit from the victim because he did not have any personal obligation of KRW 70 million or more.

Nevertheless, the Defendant, as if he was delegated by the owner, such as C, etc., he was well aware of the fact that G was written by using a computer and then printed out of the commercial house lease contract for the said house, that is, “the recipient who was paid and received the money at the time of the contract” in the contract for the commercial house lease for the said house” means that he arbitrarily reads on the side of “C et al. and one other” and “C et al.,” and forged one copy of the contract for the commercial house lease in the name of C, which is a private document on rights and duties, for the purpose of exercising the seal of C, which was written by G, and forged as above.