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(영문) 수원지방법원 성남지원 2016.06.23 2016고단155
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant forged private documents, along with C who works as a real estate brokerage assistant when submitting a written lease contract prepared in the name of a certified broker at a financial institution, with C who uses the fact that it is possible to grant a lease loan, and thought to obtain a lease loan. On October 2013, the F real estate brokerage office operated by Seongdong-gu, Sungnam-gu, Sungnam-gu, Seoul, stating that “The apartment house 107-dong, Seongdong-gu, Seoul, 103, Ha, Ha, Ha, Ha, Ha, Ma, 370,000,00 won” was written in the apartment lease contract, and affixed a seal under H’s name prepared in advance in the name subsequent to H’s name.

Accordingly, the Defendant, in collusion with C, forged one copy of the apartment lease agreement under the name of H, a private document on rights and obligations, for the purpose of exercising the rights and obligations.

2. On October 14, 2013, the Defendant held the said investigation document as if he completed the forged apartment charter contract with C, as described in paragraph (1) of the criminal facts, at the point in Suwon-dong, Suwon-dong, Seoul-dong, Suwon-dong, Seoul-dong, Seoul-dong, and as if he was genuine, to a staff member in charge of loans who is not aware of the forgery.

Accordingly, the defendant, in collusion with C, used a forged private document.

3. On October 14, 2013, the Defendant presented a charter agreement in the name of H forged as stated in paragraph (2) of the criminal facts at the point in Suwon-dong branch in Seongdong-gu, Seongdong-gu, Seoul, with the victim No. 133, the Defendant: (a) enticed the employees in charge of loans and received KRW 70 million from the victim under the pretext of the loan for Jeondong-gu, Seongdong-gu, Seoul, as if the charter agreement was actually concluded with respect to No. 107 Dongdong-dong 103; and (b) by deceiving the employees in charge of loans from the victim

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving 70 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made to I by the police;

1. Investigation report (to hear statements by H phone);

1. Details of loans;

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