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(영문) 인천지방법원 2020.08.12 2020고정672
위조사문서행사등
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

On April 3, 2015, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Incheon District Court, and the said judgment became final and conclusive on April 11, 2015. On May 30, 2014, the Seoul Western District Court sentenced two years of suspended execution to ten months of imprisonment for fraud, etc. on January 5, 2015, and the said judgment became final and conclusive on May 9, 2019, by being sentenced to two years of suspended execution for four months of imprisonment for fraud, etc. at the Incheon District Court on May 9, 2019.

Around January 22, 2013, the Defendant presented to the victim D private documents in the building B of the building B of the Si of Si of Si of Si of Si around January 22, 2013, stating to the effect that “on the loan of money, the Defendant will offer to the victim D as collateral, KRW 110,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, the defendant has resided in the above apartment house as monthly, and the above lease contract does not have any obligation to pay the interest and principal to the victim even if he borrowed money as collateral because there is no obligation to return the lease deposit with the forged document prepared at will without the consent of the lessor.

As above, the Defendant, by deceiving the victim, received KRW 14,095,00 from the victim’s account in the name of the Defendant around January 22, 2013, KRW 4,380,000 around February 8, 2013, and KRW 9,200,000 around April 1, 2013, and KRW 5,150,000 around September 9, 2013.

Accordingly, the defendant presented it to the victim who is unaware of the forgery of the above lease contract, and acquired property benefits by transferring the sum of KRW 32,825,000 from the victim.

Summary of Evidence

1. The police's statement of the defendant H in his court statement;

1. A detailed statement of deposit transactions in the lease contract for apartments, and details of deposits and withdrawals from the suspect bank account;

1. Previous convictions in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of distinguished facts;

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