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(영문) 부산지방법원 2017.08.07 2016고단1722 (1)
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2013, the Defendant forged private documents: (a) had the staff of an office of non-real estate office enter “211 Dong-dong 104, Busan Metropolitan City, Busan, Busan, Busan, 211, Dong 104”; (b) “10 million won in the deposit column”; (c) “C” in the lessor’s resident registration number column; and (d) affixed official seal of D’s personal seal on the name of D.

Accordingly, for the purpose of exercising, the defendant has forged one chapter of the apartment lease contract in the name of D, a private document on rights and obligations.

2. On July 12, 2013, the Defendant: (a) issued a forged apartment lease agreement to the victim E, who is aware of such fact, and was wired KRW 18 million, excluding the pre-paid and nominal money, to the victim E; and (b) received money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint - Each forged real estate lease agreement, resident registration, certified copy of resident registration, certificate of seal imprint, certificate of registry, certificate of borrowing, certificate of loan, letter of commitment, certificate of terms and conditions, reply to and confirmation of the terms and conditions of the lease agreement, and the application of Acts and subordinate statutes;

1. Relevant Articles 231 and 234 of the Criminal Act (the forgery of private documents and the use of a falsified document) concerning criminal facts, Article 347 (1) of the Criminal Act (the use of fraud), the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is not less exceptionally liable for the crime of acquiring 18 million won from the injured party by forging and using the real estate lease contract as above.

(b).

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