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(영문) 인천지방법원 2016.12.14 2015고단2332
무고등
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A was sentenced to ten months of imprisonment for fraud at the Incheon District Court on August 12, 2011, and the execution of sentence was terminated on March 19, 2012. On September 5, 2013, the Incheon District Court sentenced ten months of imprisonment for fraud and two years of suspended execution, which became final and conclusive on September 13, 2013.

around March 6, 2015, Defendant A prepared a written complaint stating that “A around July 15, 2009, the location of the object was forged in the name of the complainant who filed a complaint, the seller, and the buyer who filed a complaint with the court, submitted it to the court, and thus, B would be punished as the crime of forging a private document and uttering of a private document.” However, Defendant: (a) delegated L to L, a real estate broker, the sale of the above apartment, prepared the above sales contract with L, and the J did not forge the above sales contract; (b) around July 15, 2009, the J knew that “A submitted it to the court after forging the sales contract under the name of the complainant who filed a complaint, the seller, and the buyer, the Defendant submitted it to the court.”

Nevertheless, the defendant submitted the above complaint to the police officer in the name of the public service center of the Incheon Jung-gu Police Station located in 237 as the property volume in Jung-gu Incheon on the same day.

As a result, the defendant was sentenced to criminal punishment by J for the purpose of criminal punishment.

around August 1, 2013, the Defendants (basic facts) issued a letter of delegation to the effect that “the Defendants shall delegate the authority to conclude a lease agreement on No. 101 of the Seo-gu Incheon Metropolitan City Ndong-gu 101, which is owned by the victims, to the Defendant B” from the victims M who were under guard in the Incheon Nam-gu Incheon Metropolitan City Education-based 2-dong, and received an additional letter of delegation to the same effect on August 2, 2013.

Based on the above power of attorney, the Defendants: (a) leased the above commercial building from Defendant B’s wife M from August 2, 2013 to July 30, 2015; (b) KRW 280 million from the lease deposit; and (c) KRW 200 million from the lease deposit to the lessee; and (d) paid the remainder to the lessee and KRW 80 million from the remainder to the building name.

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