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(영문) 청주지방법원 2014.07.08 2014고단322
사기등
Text

A defendant shall be punished by imprisonment for not less than five months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive as a waiver of the Defendant’s appeal on the same day.

Around November 20, 2009, the Defendant leased D with “Seoul E 101 Dong202, Songpa-gu, Seoul, 101,000,000,000,000 won as deposit. On November 20, 201, when extending the lease period, the Defendant increased the deposit amount of KRW 30 million and leased D with KRW 170,000,000 for total deposit of KRW 170,000,00,000 for total deposit, but the Defendant was unable to pay the existing debt to financial institutions and KRW 7,00,000,000 for monthly interest thereon. As the Defendant was unable to pay the outstanding debt to D with the financial institutions and the monthly interest thereon, forged the lease contract as if it was leased at monthly, and was willing to receive the loan from the community credit cooperatives as security.

1. On January 2012, the Defendant entered “G Licensed Real Estate Agent’s Office” in the Defendant’s operation of Songpa-gu Seoul Metropolitan Government F apartment commercial building 102, using a computer network, stating that “The location of the loan monthly loan contract: 101 Dong 202, 50,000,000, monthly rent of KRW 700,000,000: A, lessee: D, H, telephone number I, and date of preparation: September 29, 201,” and then printed out the same and affixed D’s seal that was stored in advance on D’s name.

Accordingly, for the purpose of exercising authority, the Defendant forged a monthly loan contract in the name of D, a private document related to rights and obligations without authority.

2. On January 20, 2012, the Defendant submitted a forged monthly loan agreement to K in charge of lending community credit cooperatives who are aware of such forgery, as described in paragraph 1, to K as if it was duly formed.

3. On January 20, 2012, the Defendant submitted a monthly rent agreement with the “C community credit cooperatives” to K in charge of lending, as described in paragraph (1), and submitted “Seoul Songpa-gu 101 Dong 202, a domestic owner” to K in charge of lending a forged D name as indicated in paragraph (1).

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