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(영문) 서울서부지방법원 2014.05.30 2013고단3557 (1)
사기등
Text

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

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

On July 2012, the Defendant, in collusion with the influence, concluded a lease contract with the owner D and the security deposit of KRW 10 million, monthly rent of KRW 650,000,000 with respect to 201, 508, Dong-gu, Incheon, Dong-gu, Incheon, with intent to prepare a false lease contract in order to obtain a loan from the victim E.

1. On November 2012, the Defendant: (a) written D’s personal information, the owner of the foregoing apartment complex, who the Defendant resides in the lessor column of the leased contract site; and (b) written the lessee’s personal information in the lessee column at his/her own discretion, stating “10 million won” in the deposit column and “from July 7, 2012 to July 201, 2014” in the lease period column.

Therefore, the Defendant conspired with the needy person to forge a lease contract under the name of D, a private document concerning rights and obligations without legitimate authority.

2. On November 2012, at the F judicial scrivener office located near the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government alternatively, the use of forged official documents, the uttering of falsified investigation documents, and fraud, at the F judicial scrivener office near the Seocho-gu Seoul Seocho-gu shift, the lessor’s resident registration certificate was presented, and the Defendant presented a forged lease contract, stating that “The Defendant would pay KRW 50 million after one year if he borrowed it to the victim.”

Accordingly, the Defendant, in collusion with the needy, exercised each resident registration certificate, which is a forged public document, and a charter contract which is a forged private document, and had the victim deceiving the victim, and was immediately given from the victim a loan to the victim about KRW 4,3250,000,000,000 for cash and check excluding fees and interest.

Summary of Evidence

1. Statement of each of the accused in the first trial records;

1. E prosecutorial statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the lease contract;

1. Relevant Articles 231, 234, and 30 of the Criminal Act concerning facts constituting an offense (the forgery and uttering of private documents) and Articles 229, 225, and 30 of the Criminal Act shall be exercised.

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