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(영문) 인천지방법원 2013.03.14 2012고단11912

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant, on April 2008, received a demand from C to repay the borrowed money from D on or around April 2008, in order to forge a lease contract which causes 100 million won of the deposit money and deliver it to C.

On April 208, the Defendant stated in the column of the location of the site for the real estate lease contract prepared in advance with a verification-type pen in the office of the F company located in Nam-gu Incheon Metropolitan City, "10,000,000,000)", "10,000,000,000 in the deposit column" and "H" in the name column of the lessor, and marked H's seal prepared in advance on the name side of the name.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract in the name of H, which is a private document on rights and obligations.

2. On April 2008, the Defendant: (a) issued a forged real estate lease contract to C, who is aware of the forgery at the Defendant’s residence located in the Nam-gu Incheon Metropolitan City G Building 806, as if the contract was duly completed; and (b) exercised the said contract.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of police statement related to C and H;

1. Application of lease contract Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Articles 234 and 231 of the Criminal Act (Counterfeit and Use of Private Document) (Selection of Imprisonment with prison labor);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the defendant both acknowledges the facts charged and reflects the depth thereof, and that an agreement is reached with the defrauded C);

1. Community service order: It shall be decided as ordered for the reason under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;