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(영문) 청주지방법원 영동지원 2018.05.24 2016고단167
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 15, 2015, the Defendant: (a) forged a letter of payment for the above-mentioned lease deposit under the name of B with the lessor holding a real estate lease agreement on March 15, 2015, stating that the lessor leased the above-mentioned C apartment D to himself/herself; and (b) provided the above real estate lease agreement and the forged payment form as security and received money from the victim E.

1. On April 1, 2015, the Defendant of a private document forgery ought to pay KRW 0 million directly to the obligee when he/she is aware of the performance of the payment in blank at a place in which the payment is not made, and the deposit contract should pay KRW 0 million to the obligee when he/she is aware of the performance of the payment in gold

On April 1, 2015, the two pages: B and A were written, and then the two pages were affixed arbitrarily to B’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the payment form in the name of B, a private document on rights and obligations.

2. On April 1, 2015, the Defendant: (a) borrowed money from E in the G coffee shop located in Daejeon Seo-gu, Daejeon; (b) exercised the forged payment form as seen above as a security for the borrowed money to E; and (c) exercised it as if the written payment form was genuine.

3. In the date, time, and place mentioned in paragraph 2, the defrauded: (a) the Defendant issued a copy of the real estate lease agreement stating that “B shall lease the property to the Defendant during the Daejeon Middle-gu apartment unit D” with the victim E as a collateral for the deposit for the lease of an apartment as long as the construction cost is required; and (b) the payment was made in the name of B stating that “B shall directly pay 50 million won to the victim upon the expiration of the contract term of the said lease agreement,” and that “B shall directly pay 50 million won to the victim upon the expiration of the contract term of the said lease agreement.”

However, each of the above payments was forged by the defendant.

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