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(영문) 인천지방법원 2014.06.12 2014고단2051
사기등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged [public offering] The Defendant is a licensed real estate agent operating the C Licensed Real Estate Agents' Office, and the owner of the Seo-gu Incheon Seo-gu Multi-household Housing No. 1 and 402, E, and there is no way for E to delegate F the authority to conclude a lease contract for the said housing. The Defendant also conspired with F by concluding a lease contract even though he knows that the said authority was not delegated while

【Criminal Facts】

A. On March 20, 2012, the Defendant entered the name, address, and resident registration number of H in the lessor column and printed them in the column for indication of real estate in the form of a lease (monthly) contract using a computer for the purpose of exercising at the above brokerage office located in Seo-gu Incheon, Incheon, Seo-gu, Incheon, with the intention of using the computer, in the column for indication of real estate in the form of a lease lease contract, the Defendant forged one copy of the lease agreement (monthly) in the name of E, a private document on rights and obligations, by entering the name, address, and resident registration number of H in the lessor column, and the lessee column into the lessor’s name, address, and resident registration number, and then printing it in the lessee column.

B. At the same time and at the same place, H issued the forged contract as if it were actually prepared, and exercised it.

C. At the same date, at the same place, the above forged contract has been delivered to the victim H, and it has immediately been delivered 2 million won from the victim to the down payment, and the same year.

4. The balance received KRW 14 million and acquired it by fraud.

2. The Defendant’s defense counsel is consistent from the investigative agency to the present court, and the Defendant thought that F was legally delegated by E the authority of F to conclude a lease contract for the above housing, and the instant lease contract was mediated between F and the victim H on behalf of E, not forging the above lease contract in collusion with F, but the victim H.

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