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(영문) 대전지방법원 천안지원 2019.08.23 2019고단840

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 26, 2018, the Defendant forged a real estate lease agreement and thought to obtain a loan by using the forged real estate lease agreement, and around October 26, 2018, D, the Defendant’s wife at the time, leased No. 2 C from the lessor E on July 7, 2016, and the lessee was D, and the lessor was drafted by E on July 7, 2016, with the resident registration number, telephone number, name, and signature of the Defendant’s resident registration number, telephone number, and name stated in the real estate lease agreement in the above E and D name, and signed by the Defendant.

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

2. The Defendant used the forged real estate lease contract at the time, place, as described in paragraph (1) as if it were a document duly formed with the victim F Co., Ltd. and the victim G Co., Ltd.’s in-house loan-based employee who was not aware of the forgery.

3. On October 28, 2018, the Defendant entered into a loan agreement with the victim F Co., Ltd. and the victim G G office located in Daejeon Jung-gu, Daejeon, as if he/she had a claim for refund of lease deposit equivalent to KRW 20 million, and entered into a loan agreement with each victim company to borrow KRW 10 million from each victim company.

However, at the time, the Defendant did not hold a claim for the return of lease deposit equivalent to KRW 20 million, and the Defendant did not have an intent or ability to repay the loan according to the agreement, on the other hand, because he did not have any specific property.

Nevertheless, as above, the defendant deceivings the employees in charge of lending each damaged company, and thereby, took over 20 million won in total from each damaged company's employees in charge of lending one million won on the same day to the I Bank account under the name of the defendant.