beta
(영문) 서울서부지방법원 2014.09.02 2013고단3405

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 28, 2013, when the victim D, who is a lending business operator, newly prepared the contents of the apartment lease agreement that he/she is a lessee differently from the fact, and received KRW 30 million by deceiving the victim as if he/she had sufficient security by presenting it to the victim. However, the victim was willing to acquire additional money by deceiving the victim as if he/she changed the name of the lessee to the victim under the above lease agreement.

Accordingly, on February 26, 2013, C obtained a lease contract form via the Internet at its own residence, and without authority, entered the deposit amount of a computer-based lease contract into the deposit amount of KRW 70 million, monthly rent 280,000,000, monthly rent 28000,000 won, and the representative F of lessor E and broker, and made E/F seal from the neighboring phrases of his/her residence.

C around 20:00 on February 27, 2013, the next day, at the real estate agent office in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government GB175 H complex, the lease contract and seal drawn up falsely as above was put up to the Defendant.

The defendant knew that the above lease contract was forged, and even after being asked by C to change the tenant's name from C to the victim, the defendant affixed the seal of E and F in the above lease contract.

Accordingly, in collusion with C, the Defendant forged one copy of the lease agreement in the name of E or F, a private document on rights and obligations.

2. The Defendant and C exercised a falsified document by delivering it to the victim as if the forged lease contract was genuine, at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D or C's legal statement;

1. A protocol concerning the examination of each police suspect against the defendant or C;

1. Statement of D police statement;

1. Cash storage certificate;