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(영문) 대구지방법원 2015.11.26 2014고단5755

사기등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That 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

1. On December 20, 2012, the defrauded concluded that “A victim C (the 75-year old-old) will have a security deposit of KRW 100 million and KRW 500,000,000,000,000,000,000,000 won.”

However, the fact that the defendant was operated at the time was not a direct lease contract with F, the owner of the building, but a sub-lease contract with F, the lessee, with F, the lessee, with the lease deposit of KRW 30 million, monthly rent of KRW 8 million, and there was no intention or ability to repay the money within the fixed period that the main management situation at the time was not good.

The Defendant, as above, by deceiving the victim, received KRW 27 million from the victim under the name of the borrowed money around that time.

2. Forgery of private documents;

A. On March 4, 2013, the Defendant, at H’s office located in Daegu-gu, Daegu-gu, stated “the entire second floor of IG in the real estate lease contract site” and “the deposit KRW 100 million shall be paid on one day per day on the date when the deposit is set at KRW 100 million and the rent KRW 607, K, and E” in the column of the contents of the contract; and the Defendant, at the lessee column of the said lease contract site, indicated “Seoul-gu, Suwon-gu, J apartment 9-dong 607, K, and E” and marked “Seoul-gu, Jung-gu, J apartment 101/705, M, and N” in the lessee column of the said lease contract site, affixed E’s seal, which was rejected in advance, adjacent to E’s name.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the real estate lease contract in the name of E without authority.

B. On March 4, 2013, the Defendant confirmed that at the office of the above H around March 4, 2013, the Defendant “certificate, trade name: D, address: N, contract period: N, Nov. 25, 201 to Nov. 24, 201; one hundred million won: O million won; the above D deposit remains as of March 4, 2013.

except that;