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(영문) 인천지방법원 2020.10.22 2020고단4837

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】

1. On January 22, 2015, Defendant A was sentenced to imprisonment for fraud at the Seoul Eastern District Court for two years and six months, and the period of parole passed on May 30, 2017 during the execution of the sentence in a public prison, and on December 17, 2017.

2. On December 19, 2019, Defendant F was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, which became final and conclusive on April 25, 2020.

【Criminal Facts】

Defendant

A A around December 27, 2017, with E, the owner of the “Ycheon-gu C Building and D”, a person who entered into a lease agreement with E, a deposit of KRW 85 million, monthly rent of KRW 400,000,000, and a lease agreement of two years for the said real estate. Defendant F is a person who becomes aware of Defendant A around May 2018.

Defendant

A, while intending to borrow money from the victim BW, intending to forge the lease contract under the name of E in order to provide the above lease deposit, referring to the purport that "the head of the house, instead of the head of the house, intending to borrow money in Korea" by phone to the defendant F, and the defendant F came to receive the request from the defendant A, and the defendant A requested the victim through the BX, which is the paper, to "the head of the house and the head of the house, in lieu of the head of the house, intending to borrow money."

1. Joint crimes committed by the Defendants

A. On November 2, 2018, the Defendants in the unlawful uttering of official document submitted the certificate of merit in the name of E, which is a official document issued by the Minister of Patriots and Veterans Affairs, to the victims found as the introduction of the above BX from the C Building D, which is the domicile of Defendant A in the Jung-gu Incheon Metropolitan City, and Defendant A presented the certificate of merit in the name of E, a official document issued by the Minister of Patriots and Veterans Affairs

As a result, the Defendants conspired to use official document in an unlawful manner.

B. On the same day, at the same place as above, Defendant A was living this house in the victim’s length of KRW 80 million.

The maximum amount of KRW 15 million shall be lent to another person within six months.

notarial deeds.