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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단505

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

On August 18, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for fraud at the District Court of Jung-gu on August 18, 2015, and the above judgment was finalized on August 26, 2015.

1. C-related crimes;

A. A. On July 2015, the defrauded told the victim C to sublease the garreger’s garreger’s garreger in the Eart operated by the Defendant located in Yongsan-gu, Seoyang-gu, Seoyang-si. Around early July 2015, the Defendant concluded that “The Defendant would also prepare a sub-lease agreement because he/she obtained a sub-lease consent from the lessor of the building.”

However, in fact, the Defendant did not pay KRW 150 million out of the 400 million rental deposit of the Eart to F (F) G, who is the lessor of the Eart, and did not obtain the consent of the said lessor for the sub-lease, and even if the said lessor received the deposit for sub-lease from the victim, the Defendant did not have the intent or ability to sub-lease part of the said Eart properly, and the Defendant was thought to present it to the victim by forging the consent letter of sub-lease contract under the name of F (F) G.

On July 6, 2015, the Defendant received from the victim each remittance of KRW 3 million in the name of a new bank account (Account Number I) in the name of the Defendant’s father’s wife, 3 million in the name of sub-lease deposit deposit, and 27 million in the remaining name of the balance on the 26th of the same month.

Accordingly, the defendant was delivered KRW 30 million by deceiving the victim.

B. Around July 14, 2015, when the Defendant entered into the said sub-lease contract with C as above, the Defendant: (a) attempted to forge the consent letter of sub-lease contract under the name of the victim F (O) G with intent to present C; and (b) entered the “sub-lease agreement” on A4 paper using a computer; (c) stated the purport that F (O) G, the owner of the building, consents to the sub-lease contract with the Defendant and C; (d) affixed the seal on the name of the said G; and (e) affixed the seal on the name of the said G; and (e) marked the name of F (O) affixed the seal on the name of the said G; and (e) delivered the forged seal to C.