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(영문) 춘천지방법원 강릉지원 2019.09.26 2019고단623
사기등
Text

Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are legally married persons.

The Defendants, with the aid of Defendant B’s mother C, operated a cafeteria of F’s trade name, using C’s (DB) shopping mall E free of charge.

Under the circumstances where Defendant B is liable to pay approximately KRW 23 million to Defendant A and approximately KRW 15 million to Defendant A, Defendant A also recommended that the F cafeteria would be placed in the victim H through G, which is the land, and that the victim would have borrowed money, and forged the F cafeteria lease agreement on the condition that the victim lends money.

1. On October 11, 2016, the Defendants forged private document at F cafeteria; Defendant B, in accordance with the plan with Defendant A as seen above, entered “C” in the “location” column in the form of the real estate lease contract, “Sacheon-si shop E”, “building structure use” in the column of “Sacheon-do (10,000,000)”, and “Sacheon-do (10,000,000)” in the column of “Sacheon-do (10,000,000)” and attached C’s seal in advance following the “C” column of the “Lease’s name.”

As a result, the Defendants forged one copy of the C-real estate lease agreement, which is a private document on rights and obligations, for the purpose of exercising them in collusion.

2. The Defendants engaged in the uttering of the said investigation document in collusion and at the date, place, etc. described in paragraph (1) and delivered the forged real estate lease contract to H as if it were a document duly formed, such as Paragraph (1), to borrow money from H with the knowledge of the forgery.

3. Fraud;

A. The Defendants, at the date, place, and Defendant B, according to the above Defendant A’s plan with the victim H, would like to substitute the loan of high interest.

There are cafeterias at this place, and the deposit for commercial buildings is KRW 10,000,000,000 as security.

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