beta
(영문) 서울북부지방법원 2014.10.08 2014고단2480

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

. A lease contract was concluded with monthly rent of KRW 1.1 million.

However, in fact, the Defendant was delegated by B with the deposit of KRW 20 million, and the Defendant was thought to arbitrarily use the deposit of KRW 10 million after the lease deposit of KRW 20 million was cut down to B.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 3 million as the down payment immediately from the victim, and received KRW 27 million as the remainder payment on February 7, 201.

2. The Defendant, at the time and place specified in paragraph (1) above, had the intent to forge the lease agreement under the above section D in order to pretend that the lease agreement with the above section D was normally concluded within the scope delegated by B, who is the owner of the Cbuilding as stated in paragraph (1) above, using official fences, and had the stamp 20 million won in the front deposit column of the monthly rent real estate lease contract, and the tenant address column * Dong Dong ********** in the resident registration number column F, telephone number column, G, and name column, and affixed the seal of the name prepared in advance on the name.

Accordingly, for the purpose of uttering, the defendant forged one copy of the real estate lease contract in the above D name, which is a private document on rights and obligations, and delivered the forged document to B as if it was a normal contract.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a monthly real estate lease contract;

1. Relevant Articles 347 (1), 231, and 234 of the Criminal Act concerning the facts constituting an offense. Article 234 of the same Act (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant is divided into his/her mistake, the degree of damage, and the defendant has no record of committing the same kind of crime and exceeds a fine.