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(영문) 대구지방법원 서부지원 2016.12.23 2016고단1775

사기등

Text

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

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 June 29, 2009, D, who is the defendant, purchased land and two-story houses (hereinafter referred to as “instant real estate”) on the land in Seogu-gu, Daegu-gu and its ground, and completed the registration of ownership transfer in the name of F.

Nevertheless, the Defendant asserted that the instant real estate was owned by himself, and sought F to cancel a title trust agreement or cancel a sales contract, and sought to cancel the registration of transfer of ownership to the instant real estate. On June 11, 2014, the Defendant’s request was dismissed in the Seo-gu District Court Branch Branch Branch of Seo-gu District Court. On January 28, 2016, the Supreme Court dismissed the Defendant’s appeal and the judgment became final and conclusive.

1. On May 10, 2015, even though the Defendant is not the owner of the instant real estate, the Defendant committed the two acts with the victim G, a lessee of 104, in the instant real estate, and entered into a real estate lease agreement with the victim, and acquired the money from the victim in total of KRW 5 million and KRW 4,400,000,000,000,000,000 from the victim on the same day.

2. The Defendant, while filing a suit against F, such as the payment of construction price, etc., with the Daegu District Court Western Branch of the District Court, had the intent to arbitrarily prepare and submit a false receipt and estimate regarding the payment of construction price.

On November 2015, 2015, the Defendant: (a) stated the name “crime net”, “2” in the quantity column, and “50,000” in the column of supply in the invoice sheet purchased at the location of the H and the second floor of the Defendant’s residence; (b) stamped the name plate stating “I, J, K, Daegu Metropolitan City Month L, Do retail B, and Do retail B,” and affixed the name tag in the supplier column, and arbitrarily stamped the name of K.

As a result, the defendant, for the purpose of uttering, has forged one copy of private document in the name of K, which is a private document related to rights and obligations, and is recorded in the list of crimes in the attached Form.