logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.12.12 2018고단3385
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Although the Defendant was delegated with the authority to conclude a monthly rent contract by the lessor C 101 in Mapo-gu Seoul Metropolitan Government, the Defendant was willing to conclude a monthly rent contract with the lessee and obtain the deposit from the lessee.

1. In F real estate located in Mapo-gu Seoul Metropolitan Government on April 14, 2013, the Defendant forged a private document: (a) concluded a lease contract with G while having no authority to conclude the lease contract on the said real estate; (b) was placed in the part of the lease contract site; (c) was placed in the deposit column; (d) was written in the lessor column; and (e) was in possession of the leased real estate in advance following the lessor’s name.

D, H’s seal was affixed.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the lease agreement of real estate under the name of D and H, a private document on rights and obligations.

2. The Defendant exercised the above investigation document by delivering one copy of the forged real estate lease agreement to G, at the above date, at the above place, to G, who is unaware of the forged fact.

3. The Defendant, at the above date, at the place, and at the victim G, was delegated by the lessor D with the authority to conclude the lease contract, and concluded the lease contract with the victim C as the lessee with respect to the above C 101 while making a false statement, but the Defendant was merely delegated the authority to conclude the monthly lease contract by D, and the Defendant was a planning to play the so-called interest play for lending the leased deposit to the neighboring party and receiving interest.

The Defendant received a total of KRW 30 million deposit, including the remainder of KRW 27 million around April 14, 2013 and the remainder of KRW 27 million around April 30, 2013, from the damage.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes on real estate lease agreement;

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.

arrow