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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal records] On February 7, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months for fraud from the Incheon District Court’s Branch Branch, and on February 15, 2014, the above judgment became final and conclusive.
[Criminal facts]
1. On February 2010, the Defendant: (a) concluded a lease agreement with a deposit of KRW 30 million, monthly rent of KRW 1.2 million in Kimpo-si, Kimpo-si, Kimpo-si, 206 Dong 302, which was owned by D on February 2, 2010; (b) however, the Defendant was willing to arbitrarily change the amount of deposit under the said lease agreement and borrow money as security.
Therefore, at the residence of the defendant at Kimpo-si, Kimpo-si, 206 Dong 302 on July 6, 2011, the defendant entered "Ma 206 Dong 302, Kimpo-si, Kimpo-si, 206 Dong 302" in the real estate lease column of real estate, the deposit " Ilpo-si, 130,000 won, 130,000 won" in the intermediate payment column, 'O million won' in the intermediate payment column, 'O million won, 'Hapo-gu, 2012 on the date of preparation', 'D' in the name column of the lessor, 'D' in the name column of the lessor.
D Along with the seal affixed in the name of name D, a real estate lease contract in the name of D, a private document on rights and obligations, was forged for the purpose of exercising the seal.
2. On July 7, 2011, the event of the above investigation document and the fraud Defendant presented the victim F a forged lease contract with the place indicated in paragraph 1, as seen above, and presented it as if they were genuinely prepared, “A person would repay the security deposit under the above lease contract without any molding if he/she lends the money as security.” From that time, he/she received from the injured party a transfer of KRW 3.5 million from that day to that of the Defendant’s name on the day, and received from March 10, 2012, a total of KRW 3.3 million from that time until March 19, 2012, including the transfer of KRW 3.3 million from that day.
Accordingly, the defendant deceivings the victim by exercising the lease contract in the name of forged D and acquired 33.3 million won from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The defendant;