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(영문) 인천지방법원 2018.01.11 2016고단3558
사기등
Text

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

Reasons

Punishment of the crime

1. Forgery and events of sales contract No. 5, 301, C building 301;

A. On April 20, 2015, the Defendant, without authority, entered “E”, “E”, “F”, “F”, in the column of the real estate sale price in the site for the sale contract in Gyeonggi-do, Dong-si, Dong-si, Dong-si, 5-dong, 301; “One million won” in the column of the sale price; “O million won” in the column of the down payment; “E”, “E”, and “B” in the column of the sale price; and “F” in the column of the sale price.

E The sales contract in the name of E, which is a private document on the rights and obligations affixed with the seal of E, has been forged.

B. The Defendant, at the same time and at the same place, delivered the forged sales contract as described in the preceding paragraph to F as a security for the borrowed amount of KRW 50 million as if it had been duly formed.

2. The defrauded stated, at the same time and place, that “The Defendant would pay interest of 50 million won per month on behalf of the victim F, which would be paid to 50 million won, and the principal would be repaid 4 months later, and the Defendant would draw up a sales contract for 5 dong 5 and 301 of the C building as security.”

However, the Defendant did not have the right to offer C. 5 Dong 301 as security. From September 2014 to September 2014, the Defendant had no intention or ability to pay the principal amount by borrowing approximately KRW 100 million from the damaged party due to no special property or income, while he/she did not have an intention or ability to pay the principal amount by borrowing KRW 50 million from the damaged party.

Nevertheless, the Defendant, as seen above, received money from the victim with a false statement from the victim to the corporate bank account in the name of H in the name of the Defendant’s father, and acquired money from the victim with a remittance of KRW 10 million on the same day, and KRW 40 million on April 21, 2015.

3. The forgery and use of a sale agreement No. 202 of the I Building No. 4, 202.

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