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(영문) 춘천지방법원 강릉지원 2016.01.27 2015고단1281
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On September 4, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Gwangju District Court, and the parole period was expired on March 28, 2014 during the execution of the sentence at Gwangju Prison, and the parole period was expired on April 17, 2014.

[Criminal facts]

1. Crimes related to victims C;

A. On October 12, 2014, the Defendant forged private documents: (a) in the Defendant’s residence located in Gangnam-si D and 2 residential premises located in Gangnam-si (Seoul Special Metropolitan City) around 15:00 on October 12, 2014; (b) notwithstanding that there was no security deposit for the said housing, the Defendant borrowed money from others; (c) as if there was a security, for the purpose of exercising the right by presenting a real estate lease agreement, by presenting the real estate lease agreement as a means of a security; (d) “0 million won to be considered” in the guarantee column of the site for the real estate lease contract purchased in advance at the Seodaemun-si; and (e) “from July 15, 2014

(300,000 won per month) stated each “E” in the lessor column, and affixed the seals of the above E, which the Defendant created next to the lessor’s name, affixed a seal on the name of the said E.

For the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations.

B. On October 12, 2014, the Defendant entered the foregoing investigation document’s event, and the fraud, within the FF’s vehicle parked on the road side of the original cityless 01:00 on October 12, 2014 (hereinafter referred to as the “F”), the Defendant stated that: (a) one copy of the forged real estate lease agreement, as described in subparagraph 1-A, shall be placed on the victim C, who is unaware of the forgery of the document; and (b) “A lease agreement with the security deposit of KRW 30 million shall be reduced; (c) a deposit shall be collected in consultation with the owner of the house, and the remainder shall be refunded only.”

However, the Defendant did not have a deposit equivalent to KRW 30 million for the lessor E to receive a return, such as the terms of the above lease agreement, and the amount of the obligation such as bonds exceeds KRW 30 million, and the personal obligation exceeds KRW 70 million.

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