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(영문) 인천지방법원 2016.09.08 2016고단3176

사문서위조등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 23, 2015, the Defendant concluded on July 23, 2015, that “Around July 23, 2015, the Defendant would use and repay only four months if he/she borrowed money for the purchase of a thing from the Defendant’s clothes store with the Jung-gu Incheon Metropolitan City C Prize 133.”

However, the facts are that the Defendant had a debt of KRW 400 million at the time, and there was no intention or ability to repay the debt even if he borrowed money from the victim because he/she had been aware of the repayment of other debt with money.

The defendant obtained 3 million won on the same day from the victim and acquired it by fraud.

2. On September 1, 2015, the criminal defendant, on September 1, 2015, made a false statement that he/she would repay money to the victim two months after he/she borrowed additional money from the place specified in paragraph (1) at the place specified in paragraph (1).

However, the facts are that the Defendant had a debt of KRW 400 million at the time, and there was no intention or ability to repay the debt even if he borrowed money from the victim because he/she had been aware of the repayment of other debt with money.

The defendant obtained 2 million won on the same day from the victim and fraudulently acquired it.

3. On October 1, 2015, the Defendant conspired to forge a real estate lease agreement with a deposit of KRW 10 million for the purpose of offering it to the victim as security and lending money.

At the location described in paragraph (1), the Defendant stated in the location column of the real estate lease contract that “YYYYYY 133”, “YYYYYY 10,000”, “80,000,000,000”, “day” in the monthly rent column, “day full payment” in the remainder column, “YYYY E-gu, Incheon Metropolitan City, E-906,” and “G” and “H” in the resident registration number column and name column, and affixed H seal next to the lessee’s address column. In the lessee’s address column, the Defendant stated “YYY 133,00,00,000,000,000,0000,0000,0000,0000,0000,000,0000,000,0000,000,000,000).