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(영문) 부산지방법원 동부지원 2018.05.02 2018고단223

사기등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while running a original restaurant, led to the situation where the so-called “the repayment of the debt” was prevented, prepared a false lease contract by withdrawing the lease deposit of the said restaurant, and intended to borrow money from others by using it.

1. For the purpose of uttering, on March 2015, the Defendant: (a) without authority at a place where it is impossible to know, without authority, at the location of the real estate in the real estate lease contract form using a verification-type pen; (b) on the column of the real estate deposit; (c) on the column of the lessor, the Defendant stated that “the address: D, resident registration number, E, telephone number: F, and name: G” and affixed the said G seal which the Defendant had voluntarily produced on his/her name.

Accordingly, the defendant, for the purpose of exercising rights and obligations, forged a copy of G real estate lease agreement in the name of G, a private document.

2. On March 26, 2015, the Defendant, at the office of the Defendant located in Nam-gu Busan Metropolitan City H, exercised the forged real estate lease contract as if it was duly formed with I who knew of the forgery.

3. The fraud defendant, at the time, at the time, and place specified in the above Paragraph 2, provides the victim I with a forged real estate lease agreement as stated in the above Paragraph 1, and, at the same time, he/she would pay 300,000 won monthly interest if he/she lends 11,00,000 won as he/she needs to pay money to the victim I, and he/she will repay the principal after two years.

Since there is a source of 50 million won for lease on a deposit basis, it was called that he will pay the security deposit even if he does not pay the money.

However, in fact, the Defendant did not use the said money as a marriage expense for his wife and agreed to use the said money to repay the existing debt, and even if the Defendant borrowed money from the injured party due to a large amount of existing debt, the Defendant did not have any intent and ability to repay it. The lease deposit of the restaurant operated by the Defendant is the restoration expenses for the monthly rent and the restoration expenses for the original state.