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(영문) 대전지방법원 2015.01.23 2014고단195

사기등

Text

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

Reasons

Punishment of the crime

1. The Defendant, while borrowing 20 million won from B, was willing to forge a commercial building lease contract in order to pretend that there was a security deposit to be transferred to B if he could not repay the borrowed money.

On March 21, 2012, the Defendant: (a) at the real estate office located in Yangyang-dong, Daejeon-dong, Daejeon, by using a computer, sent to the lessee on September 25, 2010 in the column for location of real estate in the commercial lease contract form; (b) “one floor, five0 square meters” in the column for lease; (c) “one floor, five hundred and fifty square meters” in the column for deposit; (d) “one million Won (15,00,000), one million Won (15,000,000)” in the column for deposit; (e) “E” and “the term of lease shall be delivered to the lessee on September 25, 2015 (60 months)”; and (e) signed and printed out “E” and “A” in the column for lease; and (e) signed and sealed it in advance after the name of the lessor.

As a result, the Defendant forged one copy of the commercial lease agreement of September 25, 2010 in the name of E, a private document on rights and obligations for the purpose of uttering.

2. On March 21, 2012, the Defendant: (a) prepared a notarial deed of a monetary loan contract for consumption of money at the G Judicial scrivener office located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon; and (b) delivered it to B as if the said commercial lease contract was duly formed.

3. The defrauded presented the forged commercial lease contract at the date, time, and place indicated in paragraph (2) to the effect that “The amount of the deposit remains in excess of 15 million won, 20 million won per annum as of the 23th day of each month when lending 20 million won to the victim, and the principal would be repaid without the mold, at any time or time.”

However, the above lease contract has already been terminated and thus it has been returned to the victim, so it is transferred to the victim.