beta
(영문) 인천지방법원 2016.04.22 2015고단5113

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant prepared a false statement on the lease of real estate and submitted it to the victim C, and had the Defendant believe that the Defendant provided security for the lease of real estate, thereby having the victim borrow money from the victim.

1. On May 27, 2014, the Defendant forged private document: (a) on the location column of the real estate in the column of indication of the real estate in the site for the lease contract for real estate using a verification-type pen in the room located in Gangseo-gu Seoul Metropolitan Government D on May 27, 2014; (b) on the column of location of the site for the lease contract for real estate, the Defendant stated “307 Dong-gu Seoul Metropolitan Government apartment building 1305,” “84.98 square meters” in the land category column; (c) “114.43 square meters” in the section column for the lease contract; (d) “total amount” in the section for the lease contract column; and (e) on the section column of the lease contract, the Defendant stated “former History, the intermediate payment, the intermediate payment, and the remainder column” in the column of the lease contract as “the present facility in the column of the special agreement”; and (e) stated all the present facilities with a full name, barring any special agreement.

In the name of the broker column, “F Apartment-gu Seoul Metropolitan Government 108, 601, G, H, and I” was written as “F Apartment-gu, Seoul Metropolitan Government 108, 601, G, H, and I, and the broker column reads “J, K, L, M, and N” in the broker column of Gyeonggi-do, and read the I’s door in advance to the name of the I.

Accordingly, for the purpose of uttering, the Defendant forged one chapter of the real estate lease contract in the name of the I, a private document on rights and obligations.

2. On May 27, 2014, the Defendant: (a) borrowed money from the Plaintiff, who is aware of the forgery at the Incheon International Airportro, located at the Jung-gu Incheon International Airport on May 27, 2014; and (b) submitted the forged real estate lease agreement as if it was genuine.

3. The Defendant, at the time and place specified in paragraph 2, shows the victim’s written contract on the lease of real estate, which was forged as stated in paragraph 2, and the Defendant borrowed money to the victim until June 30, 2014. If the Defendant is unable to repay the money, the deposit money on a deposit basis shall be given.