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(영문) 광주지방법원 목포지원 2017.08.07 2016고단752
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On August 27, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for larceny at the Magpoon branch of the Gwangju District Court, and the said judgment became final and conclusive on September 4, 2015.

[Criminal facts] The Defendant forged a written lease agreement and provided it as security, thereby lending money from B.

1. On April 2014, the Defendant of a private document forgery: (a) on the paper of the real estate lease agreement, stating that “the lessor and both the lessee enter into a lease agreement with respect to the following real estate” at the residence of the Defendant of the C apartment D heading, and on the paper of the real estate lease agreement, stating that “The lessor and the lessee enter into the following lease agreement with respect to the following real estate”, the Defendant entered “E”, “E”, “A” in the name of the lessor, and “E” in the name of the lessee, and the name of the lessor.

E’s seal has been affixed.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the real estate lease agreement in the name of E, a private document related to rights and obligations.

2. On April 21, 2014, the Defendant: (a) submitted a copy of the forged real estate lease agreement to B as if it was duly formed, before the old court located in Yandong-dong on the same day; and (b) subsequently, submitted it to B as if he/she knew of the forgery.

3. Fraud;

A. On March 2013, 2013, the Defendant: (a) made a false statement to the effect that “A victim B shall repay his/her debts rapidly, and shall repay his/her debts within ten (10) days from the lending of KRW 5 million to the victim B, in front of the distance of a public health clinic, which is located in Sinpo-si, Sinpo-si, Sinpo-si, 2013.”

However, the defendant did not have any special revenue, and even if he borrowed money from the injured party due to the lack of hospital expenses and living expenses of his mother-child, he did not have any intention or ability to repay it as agreed.

Nevertheless, the defendant deceivings the victim as above and is under his control.

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