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(영문) 인천지방법원 2016.07.21 2016고단2630
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud of leasehold deposit;

A. On April 2012, the Defendant: (a) entered into a false lease contract as if the contract was entered into, although there was no fact that he/she entered into a lease contract with “Seoul-dong-dong-gu 201 Dong-dong-gu 302” under the name of his/her mother, which he/she was the mother of C; and (b) formed a false lease contract as if he/she entered into a contract; and (c) formed a false contract by deceiving IBK Capital as a security to acquire loans by deceiving him/her; and (d) formed a false contract by deceiving him/her.

Accordingly, around April 2012 to May 5, 2012, C used a computer to set up a lease agreement on April 16, 2012 with respect to the said apartment, stating that “D, lessee A, security deposit 180,000,000,000 and 24 months for lease” for the said apartment at the residence of the said E 201 Dong 302, and written “D” in the Mapo-gu Seoul Metropolitan Government F and the resident registration number column as “G” in the lessor’s address column, and marked “D” on the name column and affixed a seal of D.

Accordingly, the Defendant forged one copy of the lease contract in D name, which is a private document on rights and obligations, for the purpose of exercising the rights and obligations in collusion with C or a person without a name.

B. On April 5, 2012, when the Defendant filed an application for a loan with C, a person in unsound name, and IBK Capital Co., Ltd. on or around April 5, 2012, the Defendant continued to use the forged lease contract as collateral for the borrowed loan, and accordingly, the Defendant applied for a loan to the firstman on May 2012 and made a genuine conclusion of the forged lease contract to the IBK Capital Co., Ltd., IBK Capital Co., Ltd. without knowledge of the forgery. As such, the Defendant appears to have made a false conclusion of the forged lease contract to the IBK Capital Co., Ltd., Ltd. on the part of the Defendant., Ltd. on the authenticity of the contract and the existence of the leased deposit, and made a statement as if the lease contract was duly concluded.

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