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(영문) 울산지방법원 2015.11.19 2015고정1270
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around March 22, 2009, the Defendant forged private documents: (a) when collateral was required in the course of lending money from D in the dwelling of the Slives C located in Ulsan-gu, Ulsan-gu; (b) when the Defendant stated “Slive City E” in the indication column of real estate in the form of the real estate lease contract; (c) the lessor stated “C, F, and Ulsan-gu E” in the column of the real estate deposit; and (d) sealed C’s seal in advance.

Ultimately, for the purpose of exercising a certificate of fact, the Defendant forged one copy of the real estate lease contract, which is a private document concerning a certificate of fact.

2. The Defendant, at around 12:00 on May 27, 2009, submitted to D a forged real estate lease agreement, as described in paragraph (1), in the course of borrowing money from D at the H notary office located in Ulsan-gu G, Ulsan-gu, and H notary office, as if it had been genuinely formed.

3. The Defendant, at the same date, time, and place as indicated in paragraph (2), falsely concluded that “The real estate lease contract, which is suffering from the deposit of KRW 20 million, is leased KRW 10 million as security, and the Defendant borrowed KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

In fact, the above contract that the defendant presented to the victim was forged, and the defendant did not have the intent or ability to repay even if he borrowed money from the victim as above.

Ultimately, the Defendant was given five million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. Notarial deeds;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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