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(영문) 대구지방법원 서부지원 2018.03.21 2017고단2410

횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the charge of embezzlement is not guilty. Of the judgment of this case, the verdict of this case is acquitted.

Reasons

Punishment of the crime

"2017 Highest 2548"

1. On April 12, 2016, the Defendant who forged a private document and carried out the above investigation document: (a) using a folder to the paper of the real estate lease contract in the D Party located in Daegu-gu Dong-gu, Daegu-gu; (b) using a folder tool on the paper of the real estate lease contract; (c) on the lessor’s lawsuit, the lessor’s lawsuit at his/her discretion, stating “F” and “G” in the resident registration number column; and (d) being inserted in the name and kept in advance on the back of the name.

G’s seal affixed to the G’s name, and as such, it presented H a copy of the forged real estate lease agreement in the name of G as if it was genuinely formed.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a private document related to rights and obligations under G, which is a private document, and exercised it.

2. The defrauded presented the forged real estate lease contract as stated in the above 1.1. at the date and time, at the place, as stated in the above 1.1. paragraph, and concluded a real estate lease agreement with the victim as if he/she was a lessor, and concluded the real estate lease agreement with the victim, Daegu-gu, Daegu-gu, with the victim as if he/she was the lessor, and had the victim deliver the amount of KRW 15 million as the rent and management fee to the former lessee, and from May 25, 2016 to May 25, 2017, the Defendant wired the sum of KRW 15,30,000 as the rent and management fee to the Daegu bank account under the name of the Defendant (I).

Accordingly, the defendant deceivings the victim and 30,330,000 won in total.

"2017 Highest 3065"

1. On August 16, 2012, the Defendant would give a subcontract for the removal of a building at the O theater site to the victim M as “I wish to construct an urban residential housing on the O theater site located in Daegu N, and as the state of contract already entered into with the building owner, I want to lend money to the victim M.

The phrase “the phrase was false.”

However, even if the defendant borrowed money from the injured party, the O theater site.