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(영문) 수원지방법원 성남지원 2015.05.14 2015고정127
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant did not have obtained the consent from the lessor E in relation to sub-lease of the D Building 104 in the Ilyang-dong-gu Seoul Special Metropolitan City, the Defendant leased in the name of the State(C) that the Defendant was the representative.

Nevertheless, on March 31, 2013, without authority, the Defendant, without authority, agrees to sublet the relevant real estate to the lessee (the prior lessee)C in the column of “E” by using a computer program in Korean language in the office of G Certified Tax Accountants in Seongbuk-gu, Seongbuk-si, Sung-si, Sung-si, the following:

On the date of preparation, “E” was entered into “B” and “E” into “E” and printed out in “E” column and affixed a seal to “E” column, thereby forging a consent to sublease in the name of E, which is a private document concerning rights and obligations, and then sent the forged private document to H by using NA mail and then transmitting the forged private document to H without knowledge of the fact at the seat, and exercise the forged private document by using NA mail. On March 31, 2013, the fact at the office of management in the Dong-gu, Busan-gu, Busan-si, U.S., Seoul-si, which was leased by the Defendant under the name of (ju)C, was obtained from the victim H as if the sub-lease contract could be sub-leaseed, and then the fact was false, which was obtained from the victim, i.e., the victim’s 50,000,000 won under the name of sub-lease deposit in the name of the national bank and wired it to the account of the national bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (H and J substitute)

1. The police statement of H;

1. A complaint (including a written consent from the person in exclusive charge);

1. Application of Acts and subordinate statutes to investigation reports (E statement verification);

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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