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(영문) 인천지방법원 2019.05.17 2019고정322
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Power】 On May 30, 2014, the Defendant was sentenced to two years of imprisonment with prison labor in the Seoul Western District Court for October, 2015, and the judgment became final and conclusive on January 5, 2015. On April 3, 2015, the Incheon District Court sentenced one year and eight months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on April 11, 2015, and on May 16, 2018, the Incheon District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for fabrication of public documents, etc., and the judgment became final and conclusive on May 24, 2018.

【Criminal Facts】

1. On December 31, 2013, the Defendant, at the certified judicial scrivener office located in Seopo-gu Seoul, Seopo-gu, Seopo-gu, Seoul, leased KRW 40,000,000,000 to the victim as security, “Around December 31, 2013, the Defendant borrowed KRW 110,000,000 to the victim.”

However, in fact, the apartment house provided as the above was the monthly income of the defendant, and the real estate lease contract provided as security to the victim was a forged contract, and there was no intention or ability to repay the money even if it was borrowed to the victim because there was no cost of KRW 110,000,000 of the deposit.

The Defendant, as such, by deceiving the victim, received KRW 40,00 from the victim’s position.

2. On July 20, 2012, the Defendant entered into a real estate lease agreement, “Y” drafted on July 20, 2012, “In Incheon-gu D apartment E, Incheon-si, KRW 10 million per day of deposit, July 20, 2012 of the date of preparation, and July 20, 2012, for the purpose of uttering.”

On December 31, 2013, the Defendant issued a forged real estate lease contract to the victim who is aware of the forgery at a certified judicial scrivener office located in Seocho-gu Seoul, Seocho-gu, Seoul, and exercised it as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning theO;

1. A real estate lease contract and an apartment monthly rent contract;

1. Previous convictions in judgment: Investigation report (verification of the same type of force, etc.) and application of each statute of the judgment;

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