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(영문) 인천지방법원 2012.12.27 2011고단6337
사기등
Text

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

Reasons

Punishment of the crime

[2011 Highest 6337]

1. The Defendant had not obtained the lessor’s permission to change the lessee’s name of the lease agreement on No. 711 of the Goyang-dong, Busan-gu D building C in the name of pro-friendly C.

On May 18, 2011, the Defendant had, at the E Licensed Real Estate Agent Office, the E Licensed Real Estate Agent Office, the office representative of the office, who is aware of the fact, enter F in the column of the contract for the monthly rent of officetels “Y in Jeonnam-do and the name column “H” in the column of the contract for the monthly rent of officetels, and had the Defendant arbitrarily affix his seal of H on the name next to the name of the above H.

Accordingly, for the purpose of uttering, the Defendant forged one of the officetel monthly rent contracts in the name of H, a private document related to rights and obligations.

2. On May 18, 201, the defrauded concluded that “The Defendant would pay interest of KRW 450,000 per week if he/she lends monthly rent contract amounting to KRW 15 million to the victim J on the security of monthly rent contract” under Article 504 of the Yeongdeungpo-gu Seoul Metropolitan Government I Building 504.

However, in fact, the monthly rent contract submitted by the defendant was forged as mentioned in the preceding paragraph, and the defendant did not have the ability or intent to repay even if he/she received a loan from the victim.

The Defendant, as such, by deceiving the victim, was given a delivery of KRW 15 million as a loan to the victim on the same day.

3. The Defendant, at the same time and place as in paragraph 2, submitted to the victim J a forged officetel monthly rent contract, as in paragraph 1, and exercised it as if it were duly constituted.

[2011 Highest 6771] On May 25, 2011, the Defendant borrowed KRW 15 million from the Defendant’s “K” office in Yeongdeungpo-gu Seoul Metropolitan Government I building 504, and the Defendant borrowed KRW 15 million from the victim L who is the credit service provider, and secured the lease deposit for the said office (lease M, deposit KRW 25 million, monthly rent KRW 2.5 million), the obligation to return KRW 15 million out of the lease deposit.

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