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(영문) 수원지방법원 2017.11.30 2017고단6637
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the method of flooding, and the judgment became final and conclusive on November 3, 2017.

1. Around February 2016, the Defendant embezzled, without following necessary procedures such as returning the victim’s driver’s license, at a non-child-owned vehicle storage in Gwangju Mine-gu, even though the victim B acquired one copy of the victim’s driver’s license on the non-child-owned vehicle in Gwangju Mine-gu.

2. On March 28, 2017, the Defendant: (a) entered into a real estate lease contract at the D Authorized Broker Office located in Gwangju Mine-gu, Gwangju; (b) requested a certified broker E to present an identification card to verify his/her identity; and (c) at the time, the Defendant, as prescribed in paragraph (1), presented that he/she was a driver’s license for Class B-I ordinary motor vehicle driving license under the name of the Commissioner General of the National Police Agency of South-gu, which the Defendant acquired in the investigative agency as if he/she was the Defendant’s driver’s license.

3. The Defendant forged private documents: (a) concluded a real estate lease agreement stating that “the Defendant shall rent KRW 3 million from F to KRW 303,00,000,000 for the rent of KRW 1/303,000 from Gwangju Mine-gu, and KRW 320,000,000 for monthly rent; and (b) from March 30, 2017 to March 29, 2019, the Defendant entered the said E as B in the lessee column of the real estate lease agreement; (c) made the said E enter as B in the name of the lessee column of the real estate lease agreement.

Accordingly, the defendant has forged one copy of a real estate lease agreement in the name of private document B, which is a private document on rights and obligations for the purpose of exercising.

4. When the Defendant entered into a real estate lease agreement, such as Paragraph 2, at the same time, at the same place as Paragraph 2, and Paragraph 3, the Defendant: (a) delivered one copy of the real estate lease agreement in the name of forged B, as Paragraph 3, to the above E; and (b) exercised it.

(i) the evidence;

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