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(영문) 서울북부지방법원 2019.06.13 2019고정361
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On August 22, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court for fraud, and the sentence was finalized on December 8, 2018.

around December 10, 2017, the Defendant was transferred KRW 5 million to an account in the name of the Defendant to be used as office deposit money from the victim who had engaged in the construction business together with the Defendant in Dongdaemun-gu Seoul. The Defendant was transferred KRW 5 million to the account in the name of the Defendant to be used as office deposit money on December 27, 2017 from the victim who had engaged in the construction business with the Defendant.

In addition, the defendant had expressed his intention to suggest to the victim by forging a lease contract in order to borrow money in addition to the balance of office deposit.

1. On December 29, 2017, the Defendant forged private documents: (a) around Cda; (b) around December 29, 2017, in the column for the location of the “real estate lease agreement” form, “Seoul Dongdaemun-gu E building F; (c) KRW 0 million in the deposit column; (d) KRW 0 million in the intermediate payment column; and (e) KRW 0 million in the intermediate payment column; (e) KRW 0 million in the remainder; (e) in the lessor column; (e) “G” and “A” in the lessee column; and (e) signed on the name of the said G.

As a result, the Defendant forged one copy of the lease contract in the name of G, a private document on rights and duties for the purpose of uttering.

2. On December 29, 2017, the Defendant issued a forged lease contract to the victim as if he/she entered into a genuine lease contract, even though he/she did not enter into a old-sea lease contract with the office, and forged the lease contract under the name of G, as stated in paragraph (1). However, the Defendant was issued KRW 5 million from the victim around February 8, 2018.

In this respect, the defendant presented forged lease contract to the victim who is unaware of such forgery as if it was actually established, and exercised it, and deceiving the victim.

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