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(영문) 수원지방법원 2014.06.13 2014고단1468

사문서위조등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

(2) On June 1, 2012, the Defendant was sentenced to a suspended sentence of 8 months with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on April 26, 2013. On February 11, 2014, the same court was sentenced to imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on May 8, 2014.

1. Around July 10, 201, the Defendant: (a) in Ansan-si, a member C of Ansan-si; (b) in the column for the location of the pre-sale contract, the Defendant, using the writing body, entered the false pre-sale contract in the column for the location of the pre-sale contract, stating the following as “resident registration number 740***-1*****************; and (c) made a false pre-sale contract by sealing the name of the D which was inscribed in advance; and (d) exercised the forged pre-sale contract to E, who is aware of the forgery at the same place on March 29, 2012, as seen above, as if the pre-sale contract was duly concluded.

Accordingly, for the purpose of exercising authority, the Defendant forged and exercised one copy of the lease contract in the name of D, a private document on rights and obligations without authority.

2. On March 28, 2012, the fraud Defendant called the victim F’s loan office at the same place as the above paragraph 1, and called “E, who is an employee of the said place, will provide as a collateral a charter contract of KRW 38 million, a monthly interest rate of KRW 30,000,000,000, monthly, shall be paid at 3%, and the principal shall be repaid within six months,” and when the above E visits at the same place on March 29, 2012, the Defendant presented the lease contract under the above D’s name.

However, the whole lease contract presented by the defendant was forged as mentioned in the above Paragraph 1, and even if the defendant borrowed money from the victim, the defendant did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, obtained the victim with a total of KRW 19 million from the victim on April 2, 2012, around 23, 201, KRW 5 million on July 3, 201, and acquired the victim with a total of KRW 4 million from July 3, 201.

Summary of Evidence

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