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(영문) 서울서부지방법원 2012.03.29 2011고단2695
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant had forged a real estate lease contract, etc. to offer false deposit money as security and to borrow money using it.

1. On December 10, 2010, at a place where the location is unknown, the Defendant forged private documents: “Seoul Gangseo-gu H 105,” “80,000,000 won in the face of the deposit for the lease on a deposit basis; “A” written in the lessor’s column “Seoul Gangseo-gu 1st floor L, 103, J”, and “A” and marked in the lessor’s column “A” and affixed L’s seal kept in its name. The Defendant forged a real estate lease contract in the name of L, which is a private document regarding rights and obligations, for the purpose of exercising such rights and obligations. 2. On December 10, 2010, the Defendant used the said investigation document to the victim BD with no knowledge of the trade name located in the Mapo-gu Seoul Metropolitan Government drawing on December 10, 2010.”

However, in fact, the real estate charter contract submitted by the defendant was forged, and the defendant did not have any deposit, and even if he borrowed money from the victim, there was no intention or ability to repay.

As above, the Defendant, by deceiving the victim as above, received KRW 17 million on December 10, 2010, and exercised the falsified and forged private document after receiving KRW 5.1 million on December 16, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement of BD;

1. Application of Acts and subordinate statutes on the real estate charter contract;

1. The point of fraud by relevant legal provisions concerning the facts constituting the crime: The point of fraud by private document under Article 347 (1) of the Criminal Act: The point of uttering of private document under Article 231 of the Criminal Act: Articles 234 and 231 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Article 62 of the Criminal Act:

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