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(영문) 서울동부지방법원 2014.07.23 2013고단1367
사기미수등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A conspired with “D” in which name is unknown in October 2010, Defendant A, a co-principal of the Defendants, conspired with “D” and conspired to obtain a loan from a bank by forging the loan agreement on F apartment 501, 901, 501, 501, which is the ownership of “E”, and Defendant B asked Defendant B to forge the lease agreement by using “D” as if he was a lessor E, and Defendant B consented thereto.

On October 10, 2012, the Defendants stated “A” in the column for the location of the site for the lease contract at H real estate office located in Young-gu, Young-gu, Young-gu, Seoul. The Defendants signed “F apartment 501 Dong 901,” “F apartment 501 Dong 901,” “F apartment 501,” “F apartment 500,000 won in the column for the deposit, “E” in the name column for the lessor’s name, and “B” in the name column for the lessee’s name, and affixed the seals of the above E which Defendant B had voluntarily stored while driving as if he was E. The Defendants forged one copy of the apartment lease contract in the name of E, a private document, in collusion with “D” where the names cannot be identified as above.

2. Defendant A

A. On November 1, 2012, the Defendant submitted to the staff in charge of loan of bank loan funds and exercised a forged apartment lease contract, as described in paragraph (1), at the new branch of the Korea bank New Bank of Yong-gu, Young-gu, Gyeonggi-do, 53-12, Korea, as if the contract was duly concluded.

B. The Defendant did not have any fact that the Defendant entered into a lease agreement with the lessor E, and did not have any fact that the Defendant served as the “Dong Do Hyd Co., Ltd.,” but intended to obtain and obtain a loan of KRW 100 million upon submitting a forged lease agreement and a false certificate of employment to the same effect that he/she is in office at the same time and at the same time and place as mentioned in the foregoing paragraph.

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