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(영문) 부산지방법원 2013.09.27 2013고단3494
사기등
Text

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

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

Reasons

Punishment of the crime

1. At the time when the Defendant works as a brokerage assistant for a licensed real estate agent in the Gyeongdong-gun, Gyeongdong-gun, Gyeongbuk-gun, the Defendant entered into a lease agreement on a deposit basis, unlike the terms delegated by E, and had the intention to use the deposit, even though he/she requested to enter into a monthly lease agreement with the amount of KRW 5 million and KRW 430,000,000,000,000,000,000 won.

On January 9, 2012, the Defendant: (a) prepared a real estate lease agreement with the tenants of the F apartment 101 Dong 211, the F apartment 101 Dong 211, which is owned by the Defendant; (b) signed and sealed a real estate lease agreement with the tenants of the F apartment 101 Dong 211, which is owned by the Defendant; and (c) delivered the seals of E to G.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the lease contract on the lease of real estate in the name of E, which is a private document concerning rights and obligations, and issued a forged real estate lease contract to G who is aware of such forgery as if it was a document duly formed.

2. On the same date and time as in the preceding paragraph, as in the case of F apartment 101 and 211 leased to the victim G at the same place as in the preceding paragraph, the Defendant: (a) by deceiving G to conclude a real estate lease agreement as in the preceding paragraph as if he/she was entrusted with the conclusion of a real estate lease agreement; and (b) by deceiving the victim on December 26, 201, the Defendant acquired from the victim a down payment of KRW 2 million; (c) an intermediate payment of KRW 4 million on December 29, 201; and (d) an intermediate payment of KRW 15 million on January 10, 201; and (e) a total deposit of KRW 25 million from the deposit to the Defendant’s agricultural bank account.

3. Unlike the delegation by the owner E of F apartment 101, 211, the Defendant, who forged the document of the monthly rent contract, had the intent to prepare a monthly rent contract in order to conceal the fact that he/she entered into the monthly rent contract with G.

On February 2, 2012, the Defendant: (a) set up a draft in the Defendant’s vehicle, which was parked in the Bridge-gun F apartment 101, where H licensed real estate agents drafted the draft.

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