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(영문) 수원지방법원 여주지원 2016.01.25 2015고단1052
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 27, 2014, the Defendant leased the D building in Leecheon-si from the Defendant’s father’s husband’s husband’s wife B to five million won as the lease deposit, and to six million won as the monthly rent, and operated the E-owner’s occupation in the said building.

1. Around August 30, 2014, the Defendant altered private documents: (a) put the word “one million won” in front of the column of the deposit amount of the real estate lease agreement in the name of C or B, drafted in the name of C or B, for the purpose of uttering at the above E’s store; and (b) put the word “one million won in the guarantee deposit column (the subsequent payment)” in the letter “one million won in the guarantee column (the second payment) in the front of July 27, 2014.”

Accordingly, the defendant changed one chapter of the real estate lease agreement in the name of C, a private document on rights and obligations for the purpose of exercising the right.

2. On December 19, 2014, the Defendant: (a) issued a copy of a real estate lease agreement in the name of C, which is a private document on the rights and obligations altered as stated in the foregoing paragraph (1), to F and exercised the following events: (b) around December 19, 2014; (c) the Defendant issued a false document to F and was aware of the alteration.

3. On December 19, 2014, the Defendant: (a) delivered one copy of the real estate lease agreement entered into under the name of C with the alteration as described in the foregoing paragraph (1) to the victim F; (b) the Defendant was obliged to repay the debt amounting to KRW 5 million; and (c) is obliged to fully repay the debt amount until March 29, 2015.

The term "to provide a security deposit of the head of Hop House operated by him/her as security" was false.

However, as the contract for the lease of real estate provided as security was modified, the amount equivalent to five million won of the actual deposit was insufficient to secure the victim. At the time, the defendant did not have any intent or ability to pay the amount of money borrowed from the injured party in a situation where he did not fully repay the amount of bonds with a 15 million won.

The Defendant, as such, deceiving the victim, and deceiving the victim, on December 1, 2014.

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