beta
(영문) 대전지방법원 2020.08.27 2019고단4668

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 18, 2020, the Defendant was sentenced to one year and four months of imprisonment with prison labor and three years of suspended execution due to the charge of forging private documents at the Changwon District Court on June 18, 202 and the above judgment became final and conclusive on June 26, 2020.

【Criminal Facts】

The defendant requested the victim B, a liquor supplier, to lend KRW 30 million to the victim B, a liquor supplier. However, upon the victim's demand for security, the defendant provided a forged apartment lease agreement that the defendant lives and borrowed money as if he offered a claim for the refund of rental deposit as security to the victim.

1. On November 2018, the Defendant forged private document, using a computer, prepared a real estate lease agreement stating the location of the real estate, such as the “Seongdong-gu Daejeon Metropolitan City Neongdong-gu C Apartment-gu, deposit money, KRW 10 million, and the lessor, E, and F, entered the “F” on the name side of the name and affixed a seal on the “G”.

As a result, the defendant forged the F's lease contract under the name of F, a private document on rights and obligations.

2. On November 27, 2018, the Defendant, at the I office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, exercised the forged lease contract as stated in the preceding paragraph with the J, an employee of the victim who is aware of the forgery.

3. On November 26, 2018, the Defendant: (a) in a “L” restaurant operated by the Defendant on the Seowon-gu K and the first floor, Seowon-gu, Seoju-si; (b) in a case where the Defendant lent KRW 30 million to the J of the victim’s staff to the injured company without interest, the Defendant was supplied with alcoholic beverages to be used in the said restaurant; and (c) in a case where the Defendant was living, the Defendant would transfer KRW 30 million out of KRW 120 million to the victim of the claim for refund of the deposit for lease deposit under the Daejeon-gu, Seosung-gu, Daejeon (Seoul) C ApartmentD.

The victim, on November 27, 2018, is 30 million won out of the above claim 120 million won.