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(영문) 대전지방법원 서산지원 2016.04.22 2015고단873

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Godan 873", as he leased an operating right to provide food, such as bread, to a customer in the jurisdiction, was able to forge a contract for the lease of the operating right under C name and to borrow money from the victim D by using the lease contract.

1. On June 12, 2015, the Defendant: (a) requested the F attorney office located in Seosan-si E to prepare a lease agreement; and (b) had the employee enter into a contract for the lease of operating rights with the name business operator C (hereinafter “A”) and the actual operator A (hereinafter “B”) on a computer as follows.

- - On June 12, 2015, “A”, “B”, etc. prepared and printed an operating right lease agreement, “A”, “B”, etc., and then had the above employees enter the C’s resident registration number and address with a black pen, and then affix the seal of the C in advance.

Accordingly, for the purpose of uttering, the defendant has forged a copy of the contract for the lease of operating rights in the name of C, a private document related to rights and obligations.

2. On June 13, 2015, the Defendant exercised the following: (a) as if he/she had completed a contract for the lease of the right to operate a forged C in the name of Seocheon-dong, Seocheon-dong; and (b) as if he/she was a document duly formed, the Defendant exercised the right to operate a forged C.

3. On June 13, 2015, the Defendant presented a contract for the lease of operating rights in the name of the victim D, as described in paragraph (1) at the Seocheon-dong, Seocheon-si, Seocheon-do, Pacheon-do, and “The Defendant leased the operating right to supply bak to bak-do as one of the bakdo, and there is insufficient money to be paid for the balance.

15 million won was lent to 15,000 won and 1,450,000 won per month, including interest.

However, in fact, the defendant borrowed money from the damaged party and intended to use money for gambling, personal debt repayment, etc.