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(영문) 의정부지방법원 고양지원 2015.11.19 2015고단1455
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On June 17, 2009, the Defendant leased the leased deposit amount of KRW 12,00,000,000,000,000,000 from the leased deposit to the victim C, Ildong-gu, Yongsan-gu (hereinafter “instant apartment”). However, even after the expiration of the lease period, the Defendant filed a lawsuit claiming the return of the lease deposit against the Defendant, the lessor, and the instant apartment, who agreed to be responsible for the return of the lease deposit against the Plaintiff, the Plaintiff, and the Plaintiff, the Dayang-gu District Court, around January 9, 2012, filed a claim for the return of the lease deposit against the Plaintiff.

On October 29, 2012, the Defendant: (a) at a law firm G office located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) the Defendant prepared a promissory note in the name of Dong He living in the workplace for more than ten (10) years as of the end of the year 2012; and (c) made a false statement that H would withdraw the lawsuit against E even if he sells an apartment house of 1303 Dong 1401, Songpa-gu, Seoul in the name of H (303 Dong 1401); (d) the Defendant prepared and issued a notarial deed as to a promissory note in the name of H as of May 31, 2013.

However, in fact, the Defendant borrowed a seal while using it as a guarantee from H, that is, he was living together with the Defendant, and did not have obtained permission or delegation from H with respect to the issuance of promissory notes and the preparation of authentic deeds, and even if H sold its apartment, it did not have any intention or ability to repay KRW 120 million to the Defendant.

The Defendant, by deceiving the victim as above, had the victim submit a written withdrawal of the above lawsuit to E in the Goyang Branch of the District Court around October 29, 2012. On November 9, 2012, the Defendant was exempt from the above E from the obligation of KRW 120 million by receiving a written partial action agreement against E from the husbandJ of the victim who represented the victim on behalf of the victim on November 9, 2012.

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