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(영문) 서울남부지방법원 2013.09.10 2013고정2358
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while operating the Geumcheon-gu Seoul Metropolitan Government “D”, borrowed money to be used in operating expenses and living expenses for inn, etc., and, in order to submit it as security, forged a lease contract on the above inn's house leased by his father E from F, and had the Defendant pretended as if there exists KRW 80 million in the lease deposit in the name of the Defendant.

1. On July 2012, the Defendant: (a) indicated in the column of the special agreement that “C”, “F,” “F,” “F,” “A,” and “A,” which had been kept in custody of the name of the said F in advance, on September 20, 2010,” on the column of the special agreement, the Defendant entered “B,” “B,” “B,” “B,” and “A,” and sealed the F seal kept in custody of the said F’s name subsequent thereto.

As a result, the Defendant forged one copy of a lease contract in F, a private document on rights and obligations.

2. On August 20, 2012, the Defendant borrowed 5.4 million won from the “I” credit business office of H’s operation located in Guro-gu Seoul Metropolitan Government G, and submitted the forged lease contract under the pretext of security to the said office and exercised it.

3. On August 20, 2012, the fraud Defendant stated to the victim H on August 20, 2012, that “The operating expenses are needed. If 5.4 million won are lent, 60,000 won per day will be repaid in installments for 90 days each. It will be provided as security because the lease deposit of D in the name of D is 80,000 won.”

However, in fact, the lease contract proposed as above was forged, and there was no security deposit in the name of the defendant, and the defendant was only liable for a debt of about 80 million won, and there was no particular property, and the above D's loan operation was not dismissed every month.

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