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(영문) 대구지방법원 2020.10.13 2020고단3190
사기등
Text

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

Reasons

Punishment of the crime

1. On March 2015, the Defendant forged private documents, using computers, etc. at the Defendant’s office located in the Daegu-gu, Daegu-gu, Daegu-gu, without authority, signed “E” in the real estate location column for the form of the lease agreement by using computers, etc. at the Defendant’s office located in the Dong-gu, Daegu-gu, Daegu-gu, without authority, stating “E” in the deposit column, “A” in the lessee column, “E” in the lessor column, and “E” in the name of E.

Accordingly, for the purpose of exercising, the Defendant forged the real estate lease contract in the name of E, a private document on rights and obligations.

2. On March 27, 2015, the Defendant, at the Defendant’s office located in Daegu-dong-gu, Daegu-gu, applied for a loan to G members of the FF association who knew of the forgery, and exercised the forged real estate lease contract.

3. On March 27, 2015, when the Defendant entered into a loan transaction agreement with the victim FF association at the office of the Defendant stated in the preceding paragraph, the Defendant decided to set up a collateral on the creditor’s union and the maximum amount of claims KRW 93.6 million with respect to CFD owned by the Defendant, and submitted a forged real estate lease agreement to G employees of the said association as described in the preceding one.

However, on May 17, 2014, the above house had no value of collateral because of the conclusion of a lease contract with the lessee E on May 17, 2014.

As such, on March 27, 2015, the Defendant, by deceiving the victim union employees G, obtained loans of KRW 78 million from the victim union to the account in the name of the Defendant union and acquired them by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, a loan transaction agreement, a dividend table, a real estate lease contract, a lease contract, a mortgage contract, a collection protocol, a full certificate of registered matters, G, and H's written statement of the police, and a criminal investigation report (a counterfeited lease agreement with a suspect in relation to the part of the signature of the lessor of the forged lease contract).

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