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(영문) 서울북부지방법원 2017.09.14 2017고단1691
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 18, 2015, the defrauded Defendant, a notary public on the second floor of the building in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, in Law Firm D, and the victim E, “In this case, the life-long household is operating a restaurant, and the amount of interest of KRW 2% per month for the loan of KRW 30 million due to the shortage of operating funds, shall be paid to the victim E, and the principal shall be paid KRW 30 million after one year.

In addition, Seoul Special Metropolitan City, Nowon-gu, the first floor of the F building stated that the household in the apartment house in Seoul Special Metropolitan City would offer as security the credit of KRW 10 million for the return of the rent deposit in the restaurant, KRW 10 million and KRW 30 million and KRW 30 million for the return of the rent deposit in the G corporation's office operated by the defendant on the fifth floor of the above building.

However, in fact, the Defendant did not have a claim for the return of the above leased deposit amounting to KRW 10 million and a claim for the return of the above deposit amounting to KRW 30 million, and even if he borrowed money from the damaged party due to a large amount of other debts, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received 30 million won from the victim, who was in his/her custody.

2. The Defendant had no fact that he entered into a charter contract with H with the owner of the above G G office, and, notwithstanding the fact that he did not have paid the charter deposit, he had the intent to forge the charter contract under the name of the above H in order to borrow money by deceiving E as if he had the claim for return of the charter deposit with respect to the above office amounting to KRW 30 million, such as Paragraph 1 of the above Article.

On December 23, 2015, the Defendant, at the G Co., Ltd. office operated by the fifth floor of the F Building in Seoul, Nowon-gu, Seoul, for the purpose of using money from E as collateral, entered “5 floor of the F Building in Seoul, Nowon-gu, 30 million won,” “I” in the resident registration number column of the lessor, and “H” in the name of the H, respectively, with the intention of using money from E as collateral.

The defendant has no authority for the purpose of exercising his authority.

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