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(영문) 서울서부지방법원 2015.07.09 2013고단3405 (1)

사기등

Text

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

Reasons

Punishment of the crime

1. On January 28, 2013, the Defendant, as of January 28, 2013, committed fraud of a private document, uttering of a falsified investigation document, and the Defendant, as of the borrowing of money from the victim C, who is the lender, had sufficient security, such as deposit money equivalent to KRW 70 million.

(1) In order to know the victim at an infinite location on the date, the defendant stated that the lessor and lessee are KRW 70 million and monthly rent of KRW 280,000,000 in the lease contract entered into by an infinite method, and forged one copy of the lease contract under the name of D, which is a private document on rights and obligations, by affixing their seals, for the purpose of uttering.

(2) On January 28, 2013, the Defendant, at the Defendant’s residence of Mapo-gu Seoul building 102 Dong 1506, 201, presented the forged lease agreement to the victim as if it was duly formed.

B. On January 28, 2013, the fraud Defendant presented to the victim a lease agreement of KRW 70,000,000, forged to the victim as above, and falsely concluded that “Aminian instructors are at a entertainment business establishment at night and at a entertainment business establishment are going to pay money, because there is a deposit contract of KRW 70,000,000,000,000.”

However, in fact, the Defendant’s residence leased was not only the amount of KRW 40 million, but also the amount of KRW 40 million as well as the Plaintiff’s residence as a joint lessee with F and F, and thus, the Defendant’s speech was not true.

Nevertheless, the Defendant, by deceiving the victim as above, received cash of KRW 30 million from the victim in the same place, and acquired it by fraud.

2. Forgery of private documents and uttering of private documents dated February 27, 2013 by the defendant;

A. The Defendant, as seen above, obtained money from the victim C from the victim, and then committed the crime against the victim.