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(영문) 부산지방법원 동부지원 2014.08.14 2013고단3218

사기등

Text

A defendant shall be punished by imprisonment for six 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. On July 15, 2012, the Defendant forged private document: (a) printed out the form of the real estate lease contract using the Internet at the clothes of “D” located in Geum-gu, Busan, using the Internet; and (b) marked “E, F”, “A,” and “A, G, and “102, 125,000,000 won” in the column of the deposit amount; and (c) affixed a seal attached to E’s name.

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

2. On July 15, 2012, the Defendant: (a) presented a forged real estate lease contract, as in the above paragraph (a), to K, who does not know of the forgery, as the above paragraph (a), at the house of the JJ located in the Busan JJ located in the Busan Jgu; and (b) held the above investigation document as if it was a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of K witness K;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act, the choice of punishment for the crime (the occupation of Articles 231 of the Private Document and Selection of Imprisonment), 234 and 231 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no other criminal record or the fact that a mistake is recognized);

1. The non-guilty part of Article 62-2 of the Criminal Act

1. Fraud of borrowed money under the name of lease deposit;

A. The Defendant was in a dynamic relationship with the victim K.

The defendant, around January 2012, 201, in order to rent the apartment in the ship to the defendant's wife M around 211 Dong1704, Busan Jin-gu, Busan, to the defendant's wife N in the victim's wife, the defendant borrowed money due to the shortage of the lease deposit of KRW 70 million.

It shall be repaid within two months.

B. If there is a cost of KRW 125 million in return for lease deposit to B, it can not be said.