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(영문) 전주지방법원 정읍지원 2017.02.02 2016고단556
사기미수
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 300,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant B’s forgery of private documents and the Defendant did not have the ability to repay the debt amounting to KRW 80 million to A, who is the seat of the event of the foregoing investigation document, and in order to use A’s loan from financial institutions, the Defendant demanded the Defendant to prepare a real estate lease agreement in the name of C as if A leased the real estate located in the Northwest-gun located in C before the name of C, and paid the above C the lease deposit amount of KRW 80 million, and the Defendant accepted this.

On September 30, 2014, the Defendant came to the F Certified Judicial Scriveners Office located in B, North Korea, North Korea, and issued the forged real estate lease contract form as above to A, where it is known that there was no consent from C after signing the seal of C on the paper of the real estate lease contract form, which was kept in the said location without the consent of C, using the official approval color pen to “D large 274 square meters”, and the previous rent (guarantee) column in the column of “M million won (80,000,000),” and “C” on September 30, 2014, “C” in the column of the date of preparation, and the resident registration number column, and then signed the seal of C in the name and affixed it to C, and then delivered it to C without the consent of C.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of C, which is a private document related to rights and obligations, and exercised it against A.

2. The Defendant attempted to commit the Defendant’s fraud, even though the Defendant had a debt of KRW 80 million to the Defendant, and the Defendant did not have sufficient means to repay the debt amounting to KRW 80,000,00, and to use the Defendant’s loan from financial institutions, the Defendant leased the real estate located in D, located in the name of the victim Nonparty C (hereinafter “the instant real estate”) from the victim’s husband and wife C, and, as such, made a contract for the lease of real estate in the name of the victim as the Defendant would have paid KRW 80,00,000 to the said victim.

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