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(영문) 서울북부지방법원 2016.09.29 2016고단1078
사기등
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A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the facts charged are acquitted.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on March 20, 2013 and the judgment became final and conclusive on March 28, 2013.

1. The defendant holding the above investigation document at the office of "A notary public D" located in Gwangjin-gu Seoul Special Metropolitan City around August 10, 2009, and the defendant has the same year.

8. In the Seocho-gu Seoul E Defendant’s residence in Seongbuk-gu, the first chapter of the real estate lease agreement stating the amount of KRW 90,000,000, which is a private document on the facts of the lessor’s name forged for the purpose of exercising the above facts was presented to G.

2. On August 10, 2009, at the notary office D’s office as indicated in paragraph 1, the Defendant: (a) stated in the facts as follows: (b) “Unless the facts were paid to F as a deposit, and there is no fact that it was leased” in paragraph 2 of the facts charged, the Defendant stated that “The facts were paid to F as a deposit; (c) however, according to the following evidence, the amount of KRW 70 million is the amount obtained by the Defendant from the Victim G; and (d) the amount of the deposit stated in the lease agreement presented by the Defendant to G is KRW 90,000,000,000,00

Despite the absence of the fact that Eul paid the house as security deposit and leased the house, the victim G was entitled to receive KRW 70,000,000 from the injured party on July 30, 2009, KRW 30,660,000 on August 9, 2009, KRW 10,300,000 on August 10, 200, KRW 1750,000 on the same month, and KRW 77,000,000 on November 17, 200 of the same month, from each transfer or delivery, as security deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by G;

1. Contract for lease of leasehold real estate;

1. Court rulings;

1. A previous conviction: A criminal history inquiry, Seoul Central District Court Decision 2012 High Order 5179.

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