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(영문) 의정부지방법원 2015.02.02 2014고단2685

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months.

However, for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On July 4, 2013, the Seoul Eastern District Court sentenced two years of suspension of execution to 8 months of imprisonment for fraud, etc., and the said judgment became final and conclusive on the 12th of the same month.

The Defendants conspired to forge a real estate lease agreement and intended to borrow money from the victim C as security.

1. On November 2012, in collusion with the Defendants, the first floor in the real estate location column in the form of real estate lease contract using a computer document recording function in Jongno-gu Seoul Special Metropolitan City, Jongno-gu, Seoul Special Metropolitan City, through employees in distressed in name, the Defendants signed and sealed the lessor’s address on April 26, 2012, stating in the column of real estate location, “F 1st floor in the area of land,” “one floor in the column of land,” “1st floor” in the deposit column, “goldcheon million won in the deposit column,” and “F 20 million won in the down payment column.” On April 26, 2012, the Defendants signed and sealed the lessor’s name and sealed the lessor’s name and affixed it in advance after entering in the column of “H”, “I”, and “I” in the phone number column.

As a result, the Defendants forged one copy of the real estate lease agreement, which is a private document on the rights and obligations in the name of the J without authority for the purpose of exercising them in collusion.

2. On November 7, 2012, the Defendants conspired to offer to the victim C a forged real estate lease agreement in the mutual infinite coffee shop located in the city of the Gyeonggi-do Government, and if they lend KRW 19.4 million to the victim C, the Defendants would pay 3% interest per month and pay the principal without being able to do so until May 7, 2013.

There is no problem of repayment of the obligation, as the security deposit for real estate lease provided as security will be received from the J in the future.

It was suggested to the effect that "...."

However, in fact, the above real estate lease agreement was forged, and the Defendants did not have the right to receive the deposit from J.