beta
(영문) 인천지방법원 2014.08.29 2014고단4131

사기등

Text

Defendant

AA shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

Defendant

AA was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Central District Court on March 14, 2013, and the above judgment was finalized on May 29, 2013. On April 4, 2013, Defendant A was sentenced to one year of suspension of the execution of imprisonment with prison labor at the Seoul Western District Court on April 12, 2013, and the above judgment became final and conclusive on April 12, 2013.

1. The Defendants’ co-principals prepared a fake monthly contract with the Defendant A to whom the Defendant A was delegated the sale of the building from the owner of the multi-household housing building located in the Seoul Special Metropolitan City, Nowon-gu, to the extent that they were entrusted by BB, the owner of the multi-household housing building in the Seoul Special Metropolitan City, and conspired to obtain the monthly rent deposit from the bond company as a security.

On August 9, 2012, the Defendants forged private document in the BD Licensed Real Estate Agent Office located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on the monthly rent contract column with the indication column of real estate in the monthly rent contract form. The Defendants stated “105 Nowon-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the land category, land size, 209m2, building structure and structure of buildings, residential use, area of buildings, 145.22m2m2, area of buildings, 105m22m2, area of 66.61m2m2, area, 66.61m2” in the deposit column, “Japan million won,” “BA” in the receipt column, “BAmb,” in the remainder column,” and the lessor column stated “AZ, resident registration number BE, telephone, and name BA”, followed by the names, the Defendants put their prior seal in the name BA’s name.

As a result, the Defendants forged a monthly rent contract in the name of BA, a private document on rights and obligations for the purpose of uttering in collusion.

B. The Defendants engaged in the uttering of the above investigation document, in collusion, delivered to BG, at the same time and at the same place, one copy of the monthly rent contract in the name of BG, which was forged, as if it were the document duly formed.

C. The Defendants provided one copy of the monthly rent contract forged as above at the same time and at the same place as above to the victim BG, and Defendant A is the building owner.