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(영문) 광주지방법원 순천지원 2015.01.16 2014고단1677

사기등

Text

A defendant shall be punished by imprisonment for six 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

1. On July 1, 2009, the Defendant, who has forged and exercised the agreement and used it, did not have a legitimate authority over D fishing village fraternity E, which is located in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, in spite of the fact that the Defendant had a right to lease against D fishing village fraternity E in the said licensing area, by deceiving the victim F and the victim by pretending that the Defendant had a right to lease against D fishing village fraternity E in the said licensing area, and received money from them as the transfer proceeds of lease E

On May 1, 2010, the Defendant: (a) at the H Village Center in Yong-gun, Chungcheongnam-gun; (b) at the end of the end of the end of May 2010, the Defendant agreed to lease the lessee’s right to collect the license for He and E-B from the date of the lease to the KRW 30 million (30,00,000) which the lessee would have the lessee’s right to collect the license for DB from the date of the lease; (c) at the time of the contract, the amount shall be paid in lump sum; and (d) on July 1, 2009, the amount shall be paid in accordance with the general rule; and (d) at his own discretion, the seal and the official seal of DB kept in his name and the official seal of DB kept in his own custody.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the contract under the name of the J of the Do fishing village fraternity, which is a private document on rights and obligations.

B. Around July 26, 2010, at the “L” restaurant operated by the Defendant in Y located in Y, Goung-gun, Goung-gun, Seoul. Around July 26, 2010, the Defendant showed that the above forged contract was duly formed with the victim F and the victim G, not aware of such forgery. Around 27:00 of the same month, the Defendant completed the contract at the same place as he had the right of lease against the said licensee E, and concluded the contract with the victim G, who was delegated by the F.

The defendant in this area is KRW 14 million as the transfer proceeds of the lease to the above licensing area E from the victim G.