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(영문) 창원지방법원 통영지원 2013.04.18 2012고단807
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 2010, the fraud Defendant made a false statement to the victim E at the Defendant’s home located in Ulsan-gu, Ulsan-gu, Seoul-gu, that “The amount of money to be reduced as security will be changed to 10% for interest.”

However, at the time, the Defendant did not have a charter contract with the victim as collateral, and even if the Defendant borrowed money from the victim due to the lack of special assets in the name of the Defendant, the Defendant did not have the intent or ability to pay the money.

As such, the Defendant, by deceiving the victim, received KRW 9,030,000 from the victim to the F’s account on the 12th day of the same month from the victim, and acquired KRW 48,625,00 in total on 16 occasions from September 25, 2010, such as the list of crimes in the attached Table.

2. Forgery of private documents and the display of private documents;

A. On June 10, 2010, the Defendant: (a) at the place of the foregoing paragraph (1) at the real estate lease agreement using a testing pen to enter the real estate “Slsan-gu D”, “Slsan-gu, Ulsan-gu,” and “Slsan-gu DH” in the column of lease; and (b) marked H’s seal attached to the name of the lessor in advance.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract under H, which is a private document on rights and obligations.

B. The Defendant sent a forged real estate lease contract to E who is aware of the forgery on the same day as the above mentioned in the above paragraph (a) by registered mail as if it were a document duly formed.

C. On October 2010, the Defendant, at the house of the JJ located in Ulsan-gu International Building 303, Ulsan-gu, Ulsan-gu, 2010, entered the location of real estate in the location of the real estate by using a verification color pen in the real estate lease contract, “Seong-gu, North Korea-gu, Ulsan-gu, 401”, “sale0 million won” in the deposit money and the deposit money for lease deposit, and “S” in the lessor’s column as “Sesan-gu L building and M”, and

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