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(영문) 인천지방법원 2014.06.12 2013고단7769
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

1. On November 26, 201, the Defendant forged private documents at the “D Licensed Real Estate Agent Office” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, stating, “A” in the lessor column, “F” in the lessee column, “S Seo-gu Incheon Metropolitan City,” and “F one million won in the rent column” by using a computer on the paper of the commercial monthly rent contract, and affix a seal of F’s name that was inserted in the name of the F.

Accordingly, for the purpose of uttering, the Defendant forged a commercial monthly rent contract in the name of F, a private document on rights and obligations.

2. On April 24, 2013, the Defendant: (a) concluded a commercial building sales contract with the “I Licensed Real Estate Agent” office located in Seo-gu Incheon, Seo-gu, Incheon; (b) delivered the forged monthly commercial building rent contract as if it was duly constituted; and (c) exercised it.

3. On April 24, 2013, the fraud Defendant sold the fourth floor building located in Seo-gu Incheon, Seo-gu, Incheon, which is owned by the Defendant, to the victim J, and falsely speaked as follows: “The lease income of the first floor, the second floor, the third floor, the third floor, and the third floor, the third floor, is generated;” while, in the case of the second floor commercial building, the above monthly rent contract was presented to the victim, stating “one million won a monthly rent,” in the case of the second floor commercial building.

However, the monthly rent contract for the above commercial building, which is described as one million won in the monthly rent, is a forged contract as described in Paragraph 1, and the monthly rent for the second floor of the above building was only KRW 500,000.

The Defendant, as such, by deceiving the victim, received KRW 40,000,000 as down payment following the above sale on April 24, 2013 from the victim, and received KRW 200,00,000 as the intermediate payment on May 10, 2013.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1.Each of E, K, and L.

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