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(영문) 대전지방법원 서산지원 2013.10.25 2013고단381

사기등

Text

A defendant shall be punished by imprisonment for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Attachment] On March 27, 2012, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Incheon District Court on June 15, 2012, and the judgment became final and conclusive on July 19, 2012. On July 19, 2012, the same court was sentenced to two months of imprisonment for a crime of the latter concurrent crimes under the latter part of Article 37 of the Criminal Act.

【Criminal Facts】

The Defendant, together with C, had owned D, and agreed to acquire a commercial building operated by the injured party B by forging the real estate lease contract as the Defendant had leased the 302 B-dong F-gu, Seocheon-gu, Seocheon-si, the ownership of which was transferred to E, as the Defendant had leased from D.

1. On June 2010, the Defendant forged private documents with C at an unsound place, together with C, and entered in the real estate lease contract form, the Defendant entered into a contract in the column for description of real estate in the real estate in the column for description of the real estate in which the form of the real estate lease contract is entered.

1. E returning the deposit to the owner of this contract, “G”, “D”, “H”, and “A” in the resident registration number column of the lessor, and “B” were affixed with the seal of D, which were arbitrarily created and prepared by the owner of this contract, following the lessor’s name.

Accordingly, the defendant, in collusion with C, forged a private document on the rights and obligations of D, which is a private document.

2. On June 2010, the Defendant: (a) acquired a commercial building in Songpa-gu Seoul, Songpa-gu, Seoul from B with his/her name and incompetence; (b) paid KRW 65 million under the name of the pre-lease deposit, etc. for the premium and commercial building; and (c) forged as above.

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