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(영문) 대전지방법원 천안지원 2016.11.11 2016고단1948
사기등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around December 2, 2010, the Defendant forged private documents: (a) on the printed real estate lease contract paper in the Dong-gu, Dong-gu, Chungcheongnam-gu; (b) No. 321, Dong-gu, Chungcheongnam-gu; (c) “Seoul-gu, Chungcheongnam-gu, Seoul-do, Seoul-dong CB 401 (hereinafter “the main apartment house”); (d)” in the deposit column; (b) “Seoul-do, Chungcheongnam-gu, the deposit column; (c) “one million won (10,00,000); (d)” in the balance column, “two million won (25,00,000); (c)” in the lessor’s address column; and (d) the lessor’s address column stating “Seoul-gu D apartment 105,103 Dong-dong; and (e) the lessor’s name “E” and “F’s name” was affixed with his seal affixed by the lessor’s name in advance.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in F, a private document on rights and obligations.

2. On December 2, 2010, the Defendant: (a) delivered a forged real estate lease contract to H who is aware of the forgery at a dong-dong restaurant located in the dong-dong, Chungcheongnam-gu, Chungcheongnam-gu; and (b) exercised it as if it was duly formed.

3. The defrauded presented to the victim H a forged real estate lease contract that was entered in paragraph (2) and at the same time and place, as above, that “inwardly delegated the right to enter into the lease contract from the owner F of the apartment to F. The Defendant sent the deposit amount of KRW 35 million to the passbook in the name of F. I.”

However, the above 401 won was leased and resided in the above 2 million won as a deposit, and there was no delegation from F to the authority to conclude a lease contract.

Nevertheless, the Defendant, as seen above, deceiving the victim, and thereby deceiving him from the victim, to the new bank account with I on December 3, 2010, 10 million won, and 20 million won to the above account around the 20th day of the same month.

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