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(영문) 대전지방법원 천안지원 2013.08.05 2012고단1363
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 became final and conclusive.

(e).

Reasons

Punishment of the crime

around September 2009, the Defendant received from C a document related to the public housing lease in the name of “C, E, 807 Dong 902 at the Gyeonggi-si, Gyeonggi-do,” and sold it to G through F, and delivered to G a blank document, such as a sales contract where D’s seal impression is affixed only, and decided to borrow KRW 21.8 million out of the sale price of KRW 45.8 million from C and repay it one year after borrowing from C. However, around December 201, C was unable to pay the above amount, and C had already moved into the said apartment around October 201.

It shall be recognized by changing it to the extent that does not harm the identity of the facts charged and disadvantage the defendant in exercising his/her right to defense.

The defendant is required to prepare a sales contract, etc. from G, and the defendant wants to visit and exercise G and F in his/her H building in Yongsan-gu, Busan Metropolitan City around December 201, 201.

A. In the seller’s address column of the sales contract document where D’s seal imprint was affixed to G, stating “A building 109, 501, 109, 501, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and “D” in the name column and resident registration number column;

B. The name "D" and the address column of "C" and the "J" are written in the name column of each letter of performance (seller) where D's seal imprint is affixed; and the address column of "W" and the resident registration number column of "J"; and

C. On the receipt held by G, stating that “Fa million Won”, “D, C, and issue date” October 15, 2009; and

D. On the receipt with which D’s seal imprint is marked, it forged a private document receipt with respect to the rights and obligations of each D, which is a private document on each D’s name, stating that “Seocheon, 45,800,000”, “Songju-si E 807 Dong 902, E, issuer’s “D”, and date of issuance” as “No. 15, 2009,” and forged a private document receipt with respect to the rights and obligations of each D name.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The witness C’s partial statement 1.

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