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(영문) 서울북부지방법원 2015.11.13 2015고정1807

사기등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B and C have borrowed money from ordinary D, but it was no longer possible to borrow money from D because it was impossible to repay it properly, the Defendant used the money to borrow money from D and to divide it.

1. On March 2013, B and C made a false lease contract with the Defendant at the “G teahouse,” operated by B in the vicinity of the F Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on the security of which the Defendant would borrow KRW 10 million from D as security, and then C would have a KRW 4 million, KRW 4 million, and the Defendant would have a KRW 2 million.

According to the above mother, the Defendant arbitrarily prepared a real estate lease contract with the content of “Seoul Seongbuk-gu Seoul Metropolitan Government 3rd floor, Jeonsese deposit amount of KRW 40 million, lessee A, and lessor L,” etc. at the I East capital branch located in Dongdaemun-gu Seoul, Dongdaemun-gu.

Around April 1, 2013, the Defendant and B and C borrowed money from D in the “Mda” near the said F Station, and issued the said real estate lease agreement to D who knows such fact.

Accordingly, the defendant, in collusion with B and C, forged one copy of the above real estate lease contract in the name of L, a private document on rights and obligations, which is a private document for the purpose of using money from D, and exercised it.

2. Around April 1, 2013, the Defendant and B and C borrowed money from the victim D, and the Defendant lent KRW 10 million to the victim as if the said real estate lease contract was genuine, the Defendant made a false statement to the effect that the Defendant would offer the victim a right to claim the return of the lease deposit under the said contract as security, and B and C made a false statement to the effect that not only are the persons with good credit for the Defendant as the principal head of the group, but also there is no problem in the lending of money.

The defendant, B, and C shall act in collusion with the victim, thereby deceiving him.