(영문) 창원지방법원 2016.03.22 2014고단3511

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(영문) 창원지방법원 2016.03.22 2014고단3511

사기등

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Imprisonment with prison labor for the crimes of Nos. 1 through 3 of the judgment of the defendant, and for the crimes of No. 4 through No. 7 of the judgment, six months.

Reasons

Criminal facts

On April 7, 2009, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on April 15, 2009 for violation of the Act on the Punishment, etc. of Acts, such as sexual traffic, in the Busan District Court's Dong Branch's Branch's Support, etc.

"2014 Highest 3511"

1. On September 8, 2008, the defrauded made a false statement to the victim F at the I coffee shop located in Suwon-gu, Busan, the Defendant: “A deposit of KRW 20 million and premium of KRW 29 million shall be transferred to the above business establishment and a real estate lease agreement” to the victim F.

However, in fact, the defendant was not the nominal owner of the above marina business, but did not have any intention or ability to transfer the above marina business to the victim because there was no real estate lease agreement entered into with the owner of the building.

The defendant obtained a total of KRW 35 million from the injured party on two occasions, such as KRW 25 million in tin and KRW 10 million in around the 16th of the same month, from the injured party on the pretext of deposit and premium, and acquired it by fraud.

2. On September 19, 2008, the Defendant of a private document forged one copy of the real estate lease agreement, which is a private document related to rights and obligations, with the intention to use the O’s seal affixed thereto, in the column where the real estate lease contract is located, using the studio, as the F demanded the real estate lease contract for the said business establishment in accordance with the agreement as stipulated in paragraph (1) at the store. The Defendant forged one copy of the real estate lease agreement, which is a private document, in the column where the real estate lease contract is located, with the intention to use the studio in the column where the real estate lease contract is located.

3. On September 19, 2008, the Defendant: (a) exercised a forged real estate lease agreement with F, who was aware of the forgery, as prescribed in paragraph (2), as if it had been duly formed.

"2015 Highest 817"

4. The Defendant on March 2012

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