beta
(영문) 서울동부지방법원 2013.04.11 2012고단2661

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From 2009 to 200 million won, the Defendant used that the Defendant had the custody of the real estate lease contract, etc. of the dwelling and commercial building, which the Defendant had resided in prior to the towing of the creditors due to the debt amounting to 200 million won, forged the new real estate lease contract and used it to borrow money as security.

1. Part concerning the crime against the victim C

A. (1) On January 5, 2010, the Defendant forged a private document: (a) had F, an intermediary, who is aware of the fact, enter F in E-real estate located in Gwangjin-gu Seoul Special Metropolitan City, in the form of the real estate lease contract that he/she kept in his/her possession, write “Seoul Special Metropolitan City Gwangjin-gu,” “90 million won” in the deposit column, “H, I, Seoul Special Metropolitan City G, J” in the lessor’s agent column, “K, L, Seoul Special Metropolitan City G, and lessee” in the lessor’s agent column, and affix the above H and K’s seal, which he/she had in his/her name been possessed in advance.

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

(2) On February 26, 2010, the Defendant: (a) around February 26, 2010, issued a forged real estate lease agreement to C, who is aware of the forgery at the main N Office of No. 230 of the second floor of the building in Gwangjin-gu, Seoul; and (b) exercised it as if it was duly formed.

(3) On February 26, 2010, at the same place, the Defendant provided the victim C as a security for the borrowed money and received KRW 40 million from the victim C as a loan, as if the contract was duly completed, at the same place.

B. (1) around March 2, 2010, the Defendant forged private documents. Around March 2, 2010, the P Licensed Real Estate Agent Office in Gwangjin-gu Seoul Special Metropolitan City stored Q, a broker, at the P Licensed Real Estate Agent Office.