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(영문) 서울남부지방법원 2015.11.26 2015고단3761
사기등
Text

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

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

Reasons

Punishment of the crime

1. On April 23, 2012, at the residence of Guro-gu Seoul Metropolitan Government Ba 102, the Defendant: (a) stated in the form of a real estate lease agreement that “A lessee A shall lease the said 102 subparagraph to the lessee A”; (b) stated in the lessor column the “C’s address”, “C’s resident registration number, and “C”; and (c) sealed C’s seal prior possession on the name.

Accordingly, with the aim of exercising authority, the Defendant forged one copy of the real estate lease contract, which is a private document on rights and obligations.

2. On June 5, 2012, the Defendant issued one copy of the forged real estate lease agreement as if it was a document duly formed, with the purport that “a loan worth KRW 25 million is offered to all employees as security for the lease deposit amount equivalent to KRW 90 million” at the victim Sma microro Loan Office located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government 41-ro 12-ro 41.

However, the defendant was residing in the monthly rent of KRW 10 million in the above 102, and there was no deposit equivalent to KRW 90 million to be offered as security, and the defendant did not have the ability or intent to repay the above loan due to the lack of any property or income.

As such, the Defendant, by deceiving the employees of the victim company, received KRW 25 million from the victim to the bank account in the name of the Defendant on June 12, 2012.

In this respect, the defendant issued one copy of the forged real estate lease contract, and acquired 25 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

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

1. Relevant Article of the Criminal Act and Articles 231, 234, 231, and 347 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. Aggravation for concurrent crimes;

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