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(영문) 대전지방법원 2014.07.25 2014고단130

사기등

Text

A defendant shall be punished by imprisonment for three years.

The defendants each include KRW 15 million to D and KRW 25 million to E, who are applicants for compensation.

Reasons

Punishment of the crime

[2014 Highest 130] The Defendant leased “G” from January 1, 2007 to December 31, 2013, the Daejeon Dong-gu Seoul Special Metropolitan City F Studio Building from the owner H, and there was no fact that the Defendant was delegated the authority to conclude the lease contract of G building.

The Defendant not only did not have the authority to conclude a lease contract for G buildings but also did not have the intent or ability to return the deposit money for the lease at the expiration of the lease period, but also did not have the intent or ability to use the deposit money for the construction of the I building in the name of H as the construction funds of the Daejeon-gu I building were insufficient.

1. The crime committed on June 21, 2009;

A. On June 21, 2009, the Defendant forged private document: (a) entered into a lease agreement with D and G building 304 at the office located in the Dong-gu Daejeon Special Metropolitan City, Daejeon on June 21, 2009; (b) entered into the lease agreement with D and G building 304; (c) entered into the lease agreement in the column for indicating real estate in the form of the “real estate lease agreement” into; (d) “F 304,00,000 won in the deposit column; (e) one million won in the deposit column; and (e) the remainder column in the remainder column entered “one million won in the daily land (1.6 million won); (d) June 25, 2009; (e) entered the lease agreement with the lessee as the name of the lessee on June 21, 2009; and (e) entered the lease agreement in the name of the lessor’s name in the name of the lessor’s name and address in the column of H’s name and the name in the column 30.

B. At the same time and place, the Defendant: (a) delivered one copy of the pre-taxed real estate lease agreement to D, who was aware of the forgery at the same time and place, as if it were a document duly formed.

C. The Defendant, at the same time and place, committed a fraud, to the victim D, “Seoul Dong-gu, Daejeon, No. 304.