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(영문) 의정부지방법원 2019.01.25 2018고단4927

사기등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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. Crimes against the victim B;

A. On April 14, 2014, at the office of the E Licensed Real Estate Agent (E Licensed Real Estate Agent) located in Yeongdeungpo-gu, Young-gu, Seoul, the Defendant agreed with his husband F, G, H, and I on the re-contract with the victim B, who leased and used his husband F, G, H, and I, and upon receipt of a demand from B to provide the basis for the co-owners’ consent, the Defendant, even without the above H and I’s consent, voluntarily entered the housing charter contract form, which was kept in the said place as H and I’s computer column, and affixed the seal of H and I, which was created at his own discretion after printing it out.

Accordingly, for the purpose of uttering, the Defendant forged a set-off contract in the name of H and I, a private document related to rights and obligations.

B. On April 14, 2014, the Defendant, at the office of licensed real estate agents as stated in paragraph (1) of Article 1, issued a forged lease contract to B as if it were a document duly formed.

C. In consultation with the victim B at the time, date, time, and place set forth in paragraph 1(a), the defrauded concluded a lease contract with the victim for the lease of the said multi-family house K without the above H and I’s consent to the lease of the said H and I, and concluded a lease contract with the victim by setting the lease term as KRW 45,00,000 on April 14, 201 to the end of April 13, 2016, without notifying the situation where the lawsuit for ownership transfer registration is pending between the said building and the said G, H, and I as described in paragraph 1(b).

However, at the time of fact, the Defendant did not obtain the above H and I’s lease consent, and the above lease contract was forged, and the Defendant was above December 12, 2013.