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(영문) 대구지방법원 포항지원 2016.10.26 2016고단744

사기등

Text

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 13:00 on January 9, 2014, at the office of “C Licensed Real Estate Agent” located in the Nam-gu Port B, Nam-gu, Pursuant to D’s delegation of the lease right to the G Building 306, which is jointly owned by E and F, that the lease term of the said house was “a lease agreement with the said house as KRW 27 million without the monthly rent of “a lease deposit.”

However, there was no prior delegation from the above E/F of the right to lease the above housing.

Nevertheless, the Defendant entered “F” in the real estate specification column of the “G building lease agreement” site at the above date and place, and affixed the seal of the said E and F in advance, stating “F” in the column of real estate indication, “Seoul-gu G building 306 at the port of North Korea,” “27,00,000,000,” “E” in the column of deposit money, “E” in the lessor’s agent column, and affixed the seal of the E and F.

Accordingly, for the purpose of uttering, the Defendant forged the “G Building Lease Contract” under the name of E and F, a private document related to rights and obligations.

2. The Defendant: (a) stated in the lessee column the “G Building Lease Contract” forged at the above date, time, and place; (b) delivered the name of “H”, which is the son of the said D, to D; and (c) attached the said H seal to D.

Accordingly, the Defendant presented that the “G building lease contract” was duly formed to D who knew of the forgery, and exercised it.

3. The defrauded did not have been delegated with the authority to lease the above houses from the above E and F, and even if he received the lease deposit from the victim D, the said E and F, a lessor, was leased on the condition that he would pay 3 million won a monthly rent to the “one-year rental period of the above house”. As such, only 3.6 million won, an annual advance payment of the above monthly rent, out of the above lease deposit, shall be remitted to the lessor, and the remainder shall be the difference.