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(영문) 서울동부지방법원 2017.07.20 2017고단962
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On July 12, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud, etc. at the Seoul Eastern District Court, which became final and conclusive on July 20, 2013.

[Criminal facts]

1. Around January 5, 2010, the Defendant: (a) stated “Seoul Special Metropolitan City Gwangjin-gu E”, “90 million won” in the deposit column, “F” in the lessor’s agent column, and “F” in the lessor’s agent column; and (b) signed the above F and G seal in the name and sealed each copy of the contract for the lease of real estate in F and G name; and (c) forged one copy of the contract for the lease of real estate in the name and attached it on May 12, 2010. On the same day, the Defendant copied the forged real estate lease contract in the residence located in Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City H, using a duplicate fraud; and (d) delivered it to L who knew of the forgery of the above contract at the residence of Nonparty J J in the Seoul Special Metropolitan City.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a private document on rights and obligations, F and G real estate lease agreement, which is a private document, and exercised it.

2. Fraud;

A. On May 12, 2010, the Defendant provided the victim L with the above forged real estate lease agreement as security for the borrowed money as if it had been duly formed at the above K’s residence, and received KRW 20 million from the damaged person as the borrowed money.

B. On May 25, 2010, the Defendant deceivings the victim by stating that “Around May 25, 2010, the Defendant did not operate a room, and even if having borrowed money, the Defendant did not have any intent or ability to repay it with her husband, he/she would combine with her husband to the amount of money borrowed on or before the loan of KRW 10 million,00,000,000,000 to the amount borrowed on or after the loan of KRW 10,000,000, and would make a full payment at around August 25, 2010.”

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