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(영문) 수원지방법원여주지원 2020.12.21 2020고단1006
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On November 28, 2018, the Defendant was sentenced to two years of suspension of the execution on October 2010, and the judgment became final and conclusive on December 6, 2018.

[Judgment of the court below] The defendant was a person working for C Licensed Real Estate Agent B in Busan City, and D is the owner of E building F and G in the same Gu, and the defendant is a person in charge of managing each of the above real estate owned by D.

In order to raise living expenses, etc. while managing each of the above subparagraphs, the Defendant prepared a false lease agreement and received deposits to the lessee more than the actual amount, and attempted to obtain the difference by remitting the deposit based on the normal lease agreement to D.

【Criminal Facts】

1. Forgery of private documents;

A. On January 1, 2017, the Defendant drafted a monthly rent contract with the lessee H within the office of the said licensed real estate agent, and around January 1, 2017, the Defendant entered the monthly rent contract with the lessee regarding the foregoing subparagraph G in D, despite the fact that D received the monthly rent of KRW 350,000,000 from the lessee, the Defendant entered the said subparagraph in the column of the deposit amount of the “real estate rent contract” in the column of the “real estate rent contract” using a computer, stating that the said subparagraph was “D” in the column of the deposit amount of the “real estate rent contract.”

Accordingly, for the purpose of exercising rights, the Defendant forged a monthly rent contract in the name of D, a private document on the duty of rights.

B. On January 24, 2017, the Defendant prepared a monthly rent agreement with the lessee I within the office of the said licensed real estate agent around January 24, 2017, and as to the above F, D obtained the right to intermediate the contract with the lessee for KRW 350,000,000 monthly rent of KRW 10,000 as to the above G subparagraph, but, notwithstanding that D obtained the right to intermediate the contract with the lessee, “real estate (studio) monthly rent agreement” using a computer.

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