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(영문) 서울중앙지방법원 2015.12.11 2015고합651

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant: (a) obtained a loan from a Fresh Mutual Savings Bank Co., Ltd. (hereinafter “Fresh Mutual Savings Bank”) on the security of land and buildings; (b) decided to obtain a loan by arbitrarily preparing a real estate lease agreement in which the amount of security deposit for the lease of a building is lower than the actual amount and raising the value of security by applying for a loan.

On May 2013, the Defendant, at the Defendant’s house located in E-building located in Gangnam-gu Seoul, Gangnam-gu, Seoul, entered “301,” “301,” in the real estate lease form indicated as “301,00,000 in the name of the Defendant’s house, and voluntarily prepared real estate lease agreement in the same way as indicated in the attached list of crimes, including affixing the F’s seal prepared in advance, on 12 occasions in the name of the Defendant’s house located in Gangnam-gu, Seoul.

As a result, the defendant has forged 12 copies of the real estate lease agreement in the name of F, etc., a private document on rights and obligations for the purpose of uttering.

2. On May 2013, the Defendant: (a) filed an application for a loan of KRW 2.2 billion with Franwon-dong, Seocho-gu, Seocho-gu, Seoul; and (b) filed an application for a loan of KRW 2.2 billion with a staff under the name-free circumstances, and subsequently filed a false real estate lease agreement with the lessee’s consent, and subsequently filed an application for a loan of KRW 12 billion with each other.

Summary of Evidence

1. The defendant's legal statement one witness G in court;

1. Police and prosecutor's protocol of examination of the accused (including G statements);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to filing a complaint, certified copy of the register, real estate lease contract, etc., certified copy of the real estate register, investigation report;

1. Each relevant Article of the Act concerning criminal facts;