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(영문) 서울서부지방법원 2013.06.14 2013고단98
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

[criminal power] On March 25, 2013, the Defendant was sentenced to imprisonment with prison labor for one year at the Seoul Western District Court on March 25, 2013, and was sentenced to a two-year suspended sentence. On April 2, 2013, the said judgment became final and conclusive and is still under suspended sentence.

【Criminal Facts】

The Defendant, even if he did not actually conclude the lease contract, did not enter into it with the request of the owner of the house to enter into the lease contract, or attempted to induce the victims and to acquire money from the victims by providing forged lease contract as security on the ground that he forged the lease contract and provided another person as the owner of the house.

1. On April 9, 2010, the victim E: (a) the victim E, at a certified judicial scrivener office located in Jongno-gu Seoul Metropolitan Government (Seoul Jongno-gu) around April 9, 2010; (b) the victim E, “I am at home from F to the lease deposit amount of KRW 85 million; (c) if I prepare a bond transfer and takeover contract with respect to KRW 40 million, and lend KRW 40 million,000,000,000,000 per month, I will pay interest of KRW 1,00,000 per month, and if I am at the request of the defendant, F, upon the request of the defendant, paid the above house to the victim KRW 85,00,000,000,000.

However, in fact, there was no fact that the Defendant gave 85 million won and leased the said house from F, and since it had already been bad credit in terms of debt amount, there was no intention or ability to pay the said money even if the Defendant borrowed the said money from the victim.

As above, the Defendant, by deceiving the victim as above, received money of KRW 24 million from the victim to the account of the Defendant’s community credit cooperative on the same day, and received money of KRW 15 million from the Defendant’s single bank account on April 10, 2010 as borrowed money of KRW 39 million in total.

Accordingly, the defendant was given property from the victim in collusion with F.

2. Victims H;

A. The Defendant forged a private document from H, a credit service provider.

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