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(영문) 수원지방법원 안산지원 2016.06.22 2016고단1181
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 18, 2011, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. in the Busan District Court's Support on May 18, 201, and the above judgment was finalized on May 26, 201. On November 28, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Western District Court's District Court for fraud, etc. and the above judgment became final and conclusive on December 6, 2013.

1. On August 4, 2009, the Defendant forged a private document stating “C” in the column located in the column where the paper of the real estate lease contract was tamped with a tample on the paper of the real estate lease contract, stating “B 11,12, and 13 stories” and “C” in the resident registration number column and resident registration number column in the column of the lessor’s address and resident registration number column, and affixed C’s seal on the name side of the name.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a real estate lease agreement in the name of C, which is a private document on rights and obligations.

2. On December 10, 2009, the Defendant: (a) borrowed money from E’s house located in Gangnam-gu Seoul Metropolitan Government D to E through F; and (b) delivered the forged real estate lease agreement as if it was duly formed.

3. Around December 10, 2009, the fraud Defendant presented a forged real estate lease agreement through F at the victim E’s house located in Gangnam-gu Seoul Metropolitan Government, thereby falsely stating that “The Defendant would lend money to the victim, have sufficient collateral, and have to pay the principal and interest together.”

However, the real estate lease agreement presented to the victim was forged as above, and the defendant did not have the intent or ability to repay the money even if he borrowed the money from the damaged party due to a large amount of debt at the time.

Nevertheless, the Defendant received 8,800,000 won around December 10, 2009, around December 10, 2009, around 10,000 won around December 11, 2009, and 9,500,000 won around December 24, 2009 from the injured party to the Defendant’s husband’s account under the name of the Defendant’s husband’s G from the Defendant’s husband’s account.

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