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(영문) 서울서부지방법원 2017.02.10 2016고단2642
사문서위조등
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year and two months, respectively.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the F Real Estate Office in Yongsan-gu Seoul Metropolitan Government, and Defendant B is an employee of Defendant A, and Defendant A is a person who is authorized to conclude a monthly rent contract between KRW 5 million and KRW 10 million with respect to the leased housing in Yongsan-gu Seoul, Seoul, on behalf of H as a representative in the name of the “F Real Estate” office with the father’s interest of Defendant A.

1. Joint crimes committed by the Defendants

A. (A) The Defendants, despite the fact that J resided in H-owned multi-family house 502, had K reside as a lessee under the above 502, and had the victim L enter into a contract with the lessee to the lessee, and had K enter into the contract with the lessee to the lessee to use the leased house for personal purposes, such as lending business, etc. by receiving the lease deposit from the damaged person.

On February 25, 2013, the Defendants are also the lessee who paid the leased amount of KRW 100 million to the victim in the above F Real Estate Office “K 502 paid the leased amount to H of the building owner, and it is necessary to pay the money now.

If the lessee pays 70 million won as the deposit for lease and the lessee is entitled to monthly rent of 70,000 won from the sub-lessee K, and upon the expiration of the lease period of K, the amount of KRW 10,000,000 may be refunded from H.

“Falsely speaking,” and it received the total amount of KRW 25 million in cash and checks from the injured party on the same day as the lease deposit, and received KRW 45 million in the account (M) in Defendant B’s name.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 70 million won.

B) In fact, although the Defendants were in possession of H-owned multi-family house 501, the N resided as a tenant, the Defendants received the lease deposit from the victim L from the victim in the same way as indicated in the foregoing paragraph (a), and used it for the personal purpose, such as the lending business.

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