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(영문) 울산지방법원 2013.07.15 2013고정437

사기미수등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant's sole crime;

A. On March 6, 2012, the Defendant entered the location of the site for real estate lease contract in the area of the “D Private Teaching Institutes” located in Ulsan-gu, Ulsan-gu, and written in the column of the location of the site for the real estate lease contract, “C million won” in the column of the deposit, “F” in the column of the lessor, and “G” in the lessee’s name, and affixed the seal of the F arbitrarily inscribed in the name of the lessor.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the real estate lease contract in the name of F, a private document on rights and obligations without authority.

B. The Defendant, in the future 2 savings bank located in Ulsan-dong, Namsan-dong on the same day, had the person who was unaware of his name, present the forged real estate lease contract to H, an employee who was unaware of the forgery, and exercised it as if it was duly constituted.

2. On March 6, 2012, the Defendant and G’s co-principal Defendant submitted a forged real estate lease agreement to the victim future 2 savings bank located in Ulsan-gu, Ulsan-do to the Ha, who is an employee of the said bank. G applied for a loan of an amount of KRW 40 million. At around that time, G was believed to have operated the “J” with the trade name of “J” to the employees of the victim, including I, on the second floor of the commercial building located in Ulsan-gu, Ulsan-gu, Ulsan-gu.

However, the above real estate lease contract was forged, and even if the defendant has operated the house with the second floor leased of the above commercial building, the term of lease expired, and even if he has obtained a loan from the victim due to a difficult relationship with the economic situation such as failure to pay monthly rent due to the reason that the operation status of the house with the above house is not good, there was no intention or ability to pay the loan normally.

As a result, the Defendants conspired to induce the employees of the victim to receive the property from the victim, but the above real estate lease contract was made.