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(영문) 울산지방법원 2017.07.20 2017고단833
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. On February 12, 2014, the Defendant: (a) loaned KRW 100 million in the name of B, 34,000,000 in two written labor in Ulsan-gun, Ulsan-gun; and (b) offered security under the name of B, 402, Dong-dong 402, the Defendant owned by the Defendant; (c) around December 23, 2013, the Defendant, despite the lease of the said real estate to E with KRW 150,000,000,000, the Defendant drafted a false lease agreement as if the rent was merely KRW 10,000,000,000, and tried to submit it as a document for security.

Accordingly, on February 23, 2014, the Defendant stated, at the office F located in Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City, that “All rent deposit: 10,000,000, monthly rent: 700,000, and date of preparation: December 23, 2013,” the Defendant stated, “E” in the lessee’s column, and was in possession of it in a non-legal manner subsequent to the lessee’s name.

E’s seal has been affixed.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations without authority.

2. On February 12, 2014, the Defendant, at the same time, submitted a forged lease agreement as in the preceding paragraph to the lender in charge of the location where the name of the above two North Korean agricultural cooperatives could not be known, and received KRW 100 million from the person in charge of loan who is unaware of the fact on the same day.

In this respect, the defendant exercised forged private documents, and obtained 100 million won from the two North Korean agricultural cooperatives, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to G, H, and E;

1. Application of Acts and subordinate statutes to the details of filing a complaint, a real estate lease agreement (a forged terms and conditions), a contract for the lease of real estate, a certificate of lease agreement, a certificate of all the registered matters, a contract for lease of real estate, and

1. Relevant provisions of the Act concerning facts constituting an offense;

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