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(영문) 대구지방법원 2016.09.02 2015고단3416
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 30 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

From the beginning of 2010 to the end of 2012, the Defendant worked as a brokerage assistant at the “D Licensed Real Estate Agent’s Office” office operating a licensed real estate agent C, and was delegated by E with the business of leasing studio F-si, Busan, E.

1. On February 28, 2010, the Defendant concluded a lease agreement that leases the above studio 302 to the victim B and the victim as the lessor’s agent at the above D Licensed Real Estate Agent Office located in Busan Metropolitan City, around February 28, 2010, the Defendant was delegated with the authority to lease the above studio 302 to the victim E and pretended to receive the deposit from the victim and deliver it to E.

However, the fact was delegated by E with the right to rent the lease deposit at KRW 30 million, the right to lease the lease deposit at KRW 30 million was not delegated, the plan to use the deposit for personal use was voluntarily received from the victim, and there was no intention or ability to refund the lease deposit to the victim after the expiration of the lease term.

As above, the Defendant, by deceiving the victim, entered into a lease agreement with the victim, and then transferred the sum of KRW 5 million on March 2, 2010, and KRW 25 million on April 1, 2010, to the Agricultural Cooperative Account in the name of the Defendant under the name of the deposit deposit, as well as KRW 30 million, in total, from the victim.

2. Forgery of private documents;

A. On March 2010, the Defendant: (a) prepared a real estate lease agreement under the name of B, stating that “The above studio 302,000 won, and KRW 300,000,000,000,000,000,000, are leased to B” using a computer for the purpose of submitting it to E at the office of the above D Licensed Real Estate Agent’s Office; and (b) printed out it and affixed official seal on B’

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

B. The Defendant was on March 201, 201, on the part of H’s real estate lease contract.

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