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(영문) 전주지방법원 군산지원 2016.09.21 2016고단294

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Majority Opinion] On January 22, 2016, the Defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court for fraud, etc., and the said judgment became final and conclusive on March 31, 2016.

[2] On June 4, 2015, Defendant 2016 high group 294 concluded a monthly real estate lease agreement with the owner of D apartment units 207 Dong-dong 1505, Jeonju-do, Jeonju-do, and the owner of E, stating the amount of guarantee KRW 5 million, monthly rent of KRW 500,000,000, monthly rent of KRW 5000,000, and the period of use from June 10, 2015 to June 9, 2016.

The Defendant reported the victim C’s posted stating that he would seek a transfer of KRW 60 million to the Plaintiff, and the fact is that the Defendant, despite the fact that he was merely a tenant of the above apartment house, by deceiving the victim to forge the lease agreement of the previous real estate, and by receiving money from the Defendant to use the money for the settlement of criminal cases agreements and for the repayment of personal debt.

1. On October 14, 2015, the Defendant drafted a contract for the lease of the former real estate at the Seoul Special Metropolitan City F, 1st floor office in the Seoul Special Metropolitan City, Do, Jeonnam-do, the former Special Metropolitan City, and C and the foregoing apartment, stating, “The amount of guarantee KRW 55 million, the period of use between October 16, 2015 and October 16, 2017,” and written E’s name without the consent of E in the lessor column, and affixed his/her seal arbitrarily.

For the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations.

2. The Defendant, at the time, at the place specified in paragraph 1, and at the place specified in paragraph 1, issued a forged real estate lease agreement in the name of E, as if it was duly formed, to C and exercised it.

3. The fraud Defendant, like the date and time, place, 1, and 2 described in paragraph (1), concluded a lease agreement on real estate by deceiving the victim C as if he/she was the owner of the said apartment, and entered into such lease agreement on October 14, 2015; KRW 5 million as the down payment; KRW 5 million as the down payment on October 15, 2015; and KRW 45 million as the remainder on October 16, 2015. < Amended by Presidential Decree No. 26579, Oct. 16, 2015>