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(영문) 부산지방법원 동부지원 2018.04.04 2018고단108
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for three months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. On February 24, 2011, the Defendants conspired to forge the consignment agreement under the name of the E, a lessor of an apartment leased by Defendant A, with the intent to use the document to borrow money from the victim D, as if the Defendant B was a lessor of an apartment leased by Defendant A.

On February 24, 2011, the Defendants: (a) had not obtained the approval from the lessor E to set up a real estate lease agreement amounting to 40 million won for the lessor E-owned I apartment house 310, 704, located in the G coffee shop located in Suwon-gu, Busan, and residing in F; (b) on the premise that Defendant B arbitrarily took up the leased lease agreement with the lessor to the lessee; and (c) Defendant B was able to take up the leased lease agreement with the lessor at his own discretion without having obtained the approval from the lessor to set up the real estate lease agreement amounting to 704,00 won; and (d) on the column of the deposit money for the lease of real estate, the Defendants stated “Y 310,704,000,000 won and the address of the lessor, J. 1, Busan-gu, and the name “E” in the column of the deposit money for the lease of real estate, and affixed the seal affixed by Defendant A in advance to his name.

As a result, the Defendants conspired to forge a copy of the real estate lease agreement in the name of E, a private document on rights and obligations without authority for the purpose of exercising, and, in other words, at the seat, deliver a copy of the forged real estate lease agreement to the above D, who is unaware of the fact.

2. In order to secure the loan of KRW 20 million to the victim A at the temporary location set forth in paragraph (1), the Defendants are going to change the lessee to the damaged party for the above I Apartment to secure the lease deposit of KRW 310,704,00,000,000,000,000,000,000,000 won.

In other words, Defendant B introduced Defendant B as a lessor’s father and had Defendant B prepare a contract for the lease of real estate in the name of lessor E to the lessee as the lessee.

However, the defendant.

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