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(영문) 서울서부지방법원 2018.12.20 2018고단3372
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal records] On October 16, 2014, the Defendant was sentenced to three years and six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on October 24, 2014, and the judgment became final and conclusive on October 24, 2014. On February 2, 2015, the same court was sentenced to four months of imprisonment for fraud, etc., and the judgment became final and conclusive on June 22, 2015. On July 9, 2015, the Defendant was sentenced to two months of imprisonment for fraud, etc. at the same court and became final and conclusive on July 17, 2015.

[Criminal facts]

1. In December 201, the Defendant conspired to forge an apartment lease agreement to use the apartment lease deposit for the purpose of receiving the loan as security while making a nameless person or telephone call at an unspecified place.

The Defendant informed the Defendant’s personal information, apartment address, lessor’s name, etc. to his name, and his nameless person was named as “C, the receiver C, and the lessor column” in the column for the content of the apartment lease contract: The name of “C, the resident number: Yongsan-gu Seoul Metropolitan Government, E, and telephone: F, and the seal affixed in C’s name.

Accordingly, the defendant forged the Chapter C's apartment lease contract in the name of a private document related to rights and obligations for the purpose of exercising his/her name in collusion.

2. The Defendant, along with G (Death January 27, 2016), conspired to use a forged apartment lease agreement with G to have a loan of money from the victim H by taking advantage of the aforementioned apartment lease agreement as described in paragraph 1.

A. From April 2012, G in the crime of around 2012, the Defendant called the victim’s phone to “a money needs to operate a restaurant” and called “a money lending to the victim.” The Defendant called that “a deposit for the lease of an apartment complex is available to the victim at that time, and the deposit for the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of money

However, in fact G does not have a plan to operate a restaurant and money from the injured party.

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