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(영문) 서울서부지방법원 2014.07.25 2013고정3012
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Nonindicted Party B and C conspired with the Defendant to forgee the real estate lease contract in the name of the Defendant who wants to provide the loan as collateral, and to take money from the former owner against the Defendant. On November 2008, the Defendant: (a) in collusion with the said B and C, seeed in D office located on the second floor of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu Seoul, Seoul, the “total building of the F Housing in Eunpyeong-gu,” (b) in the deposit column, “Gucheon-gu, 31 August 31, 2008 - August 30, 200; (c) in the term column, “The date of preparation” (hereinafter “G, 31 August 31, 2008”; and (d) in the lessee column and in the lessor column, “Seoul, H, and J” (hereinafter “G, Ha, Ha”), and affixed seals to the name of J voluntarily.

On November 5, 2008, the Defendant, along with B and C, offered L, who knew of the forgery, as collateral, a real estate lease contract with a deposit with a deposit of KRW 90 million, and borrowed KRW 35 million to L, who believed it as above, and exercises the forged real estate lease contract as if it was duly formed with the notice of assignment of claims, etc. as if it was duly formed, and was given a delivery from L, i.e., a deposit of KRW 35 million from L, i.e., a loan.

Accordingly, the defendant, in collusion with B and C, has exercised the real estate lease contract under the name of J, which is a private document related to rights and obligations, with the intention of exercising it, and has received 35 million won from the victim L who is so deceiving, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each protocol of prosecutorial statement concerning L, M and N;

1. Investigative reports by prosecutors (Attachment of J personal information);

1. A copy of the real estate lease contract;

1. Application of the Acts and subordinate statutes concerning details of transactions;

1. Relevant Article 347(1) and Article 30 of the Criminal Act concerning criminal facts and the choice of punishment is fraudulent;

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