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(영문) 서울동부지방법원 2015.11.26 2015고단1773

사기등

Text

A defendant shall be punished by imprisonment for 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

[criminal power] On May 30, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Eastern District Court, two years of probation, etc. on June 8, 2012, and the judgment became final and conclusive on December 14, 2012. On December 22, 2012, the same court was sentenced to six months of imprisonment for fraud, etc. and two years of probation, etc. on December 22, 2012.

【Criminal Facts】

In the process of borrowing money from C, the Defendant had attempted to acquire the money by deceiving the money through a forged lease contract.

1. On September 21, 201, the Defendant of the forgery of private documents and the uttering of the above investigation document entered the name of Songpa-gu Seoul Metropolitan Government (Seoul) in the form of “full-time contract” using a computer screen program in the name of Songpa-gu (Seoul) and then leased KRW 180 million to A from February 12, 201 to February 11, 2013, the lessor leased the lease deposit amount of KRW 100 million to A with the lessee from February 12, 2011 to February 11, 2013, and then output the lease contract to the effect that “F is arranged and arranged by a licensed real estate agent F.”, and then arbitrarily affix the seal of EF, each of which he was aware of in advance on the name of the E and F.

In addition, on the same day, the Defendant demanded C, who is aware of the above circumstances at the above D apartment 527 parking lot, to “a loan for money as security for a charter contract” and delivered a forged real estate charter contract to C as if it was duly formed.

Accordingly, the Defendant, without authority, forged one copy of the real estate lease contract in the name of E and F, a private document related to rights and duties, and exercised it to C for the purpose of exercising the above rights and duties.

2. The criminal defendant, as mentioned in the preceding paragraph, committed a telephone call and let a person with weak names blicked as if he were a lessor E, in order to identify the existence of the actual deposit after putting the original copy of the charter contract forged to the victim C, and then to confirm the existence, etc. of the actual deposit, etc., the criminal defendant blicked the telephone and let the person with poor names blicked as having been the lessor E.