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(영문) 대전지방법원 2013.12.09 2012고단3476

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 1, 2009, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for fraud, etc. at the Daejeon District Court on April 1, 2009, and such judgment was finalized on April 9, 2009.

1. The Defendant committed the crime of defraudation of 5 million won against the victim B (the imprisonment of August 22, 2009, the suspended sentence of 2 years) and D (the sentence of August 28, 201) with the loan to the credit service provider in cash, and as a security for the E-owned type E, the Defendant conspired to prepare a lease contract under the name of E and obtain a loan from the credit service provider as the lessee, even though C is not the lessee of the said house.

In collusion with C and D, on September 207, the Defendant forged a private document lease contract under the name of E by entering the lessor’s lease of KRW 50 million to C on the land of real estate lease contract without authority for the purpose of exercising the aforementioned E’s collateral from a single house owned by C and D for the purpose of offering collateral, and then entering the name of E in advance and affixing the seal of the E’s name, thereby forging the lease contract under the name of E.

B. The events of the above investigation document and the fraudulent defendant offered forged lease contract as stated in C, D and the preceding paragraphs as collateral and offered money to the credit service provider to borrow money. On October 22, 2007, the defendant and C met the victim B in the name of the Dong-dong, Jungcheon-gu, Daejeon on or around October 22, 2007, the above lease contract was forged, and even though C is not a tenant of the above house, C would provide the victim with the above lease contract as collateral for the above 5 million won loan without a mold if it is known that it would lend 5 million won to the victim who is not a tenant of the above house. Therefore, C would pay the above contract without a mold. The above contract was issued, and it was obtained from the victim as loan money and acquired 5 million won from the victim.

2. The defendant shall be the defendant with C and D to commit the crime related to defraudation of 15 million won against the victim B.