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(영문) 부산지방법원 2018.12.07 2018고단3554
사기등
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall pay 9,600,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On June 18, 2014, the Defendant leased a deposit amount of KRW 10 million from lessor E, F, etc., and operated it as a house in a house with a house in a house, with respect to the Franchi, the Defendant was able to obtain money from the victim B, who sought the deposit house, as the owner of the building of the above apartment house, and acquired the deposit money with the money above his own deposit money after concluding the lease contract.

1. On November 20, 2016, the defrauded entered into a lease contract with the victim as if he was the lessee of the relevant apartment house, even though he was not the owner, and even if he was not the owner, he was the owner of the said apartment house. On the same day, the defrauded was transferred KRW 300,000 as the down payment through the H account in the name of the Defendant’s H account (number: I) to the injured party, and the defrauded received KRW 31,70,000 as the remainder on December 14, 2016, and acquired KRW 32,00,000 in total as the remainder payment.

2. On December 14, 2016, the Defendant, who forged a private document and carried out the said investigation document, entered a lease contract for the purpose of exercising the above lease contract for the lease on a deposit basis with the pen in the column in which the real property is located, “Thcheon-gu, Busan Metropolitan City and C, and 2nd floor Dho-gu, Busan Metropolitan City, and 3rd floor Dho-do,” and “Thcheon-do,” respectively, in the column in which the leased real property was located, and inserted in E’s name after entering the lessor’s column as “E and J”, respectively.

E’s seal, i.e., affixed a forged contract to the victim at the seat.

Accordingly, for the purpose of exercising, the Defendant forged and exercised one chapter of the lease contract for the lease of the lease of the leased real estate under the name of E and J, which is a private document related to rights and duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning lease contract for leasehold real estate;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (Apology.

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