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(영문) 수원지방법원 2016.09.28 2015고단4991

사기등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 30, 2012, the Defendant was sentenced to two years of suspended sentence for 8 months at the Seoul Central District Court for fraud, and the said judgment was finalized on December 7, 2012, and on October 31, 2013, the Seoul Central District Court sentenced eight months of imprisonment with prison labor for forgery of official documents, etc. at the Seoul Central District Court, which became final and conclusive on November 8, 2013.

On April 2012, the Defendant had experienced economic difficulties due to various debts, which led to 50 million won for the repayment of the leased deposit. As such, the Defendant had induced the victim C to borrow money from the damaged party as if the repayment had sufficient means.

1. On April 26, 2012, the Defendant forged private documents: (a) indicated the real estate indication column for the real estate site for the real estate lease contract at the location of the Defendant (D Apartment 214Do902) in the Namyang-si, Namyang-do; (b) indicated the “Seoul-do Namyang-ju, 214Do902”; (c) “O million won on the deposit column”; (d) on the lease term, “A from March 10 to March 13, 2013”; and (c) written “A” in the lessee column; and (d) written the name and resident number of E in the lessor column and signed E.

Accordingly, the defendant, without authority, forged a copy of the real estate lease agreement in the name of E for the purpose of exercising the right.

2. On April 26, 2012, the fraud Defendant made a false statement to the victim C (20 million won) at the Certified Judicial Scriveners G office of Mapo-gu Seoul Metropolitan Government F 303, and the victim C (65 years) at the victim C (20 million won).

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant was given 18 million won as the borrowed money from the injured party.

3. In order to enable the Defendant to borrow money from C at the time and place specified in paragraph 2 and to believe that he had the Defendant to pay money, the Defendant exercised the foregoing investigation document by delivering a forged real estate lease agreement under the name of E, such as paragraph 1, to C and exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;