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(영문) 울산지방법원 2016.05.13 2015고단3309
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From around July 2012, the Defendant served as an employee in the “C meat point” located in the Nam-gu, Ulsan-gu, Seoul-gu, as an employee. Around July 2012, the Defendant entered into a contract on the whole deposit amount of KRW 5 million and monthly rent of KRW 2.5 million with the lessee D and operated the said “C meat point.”

On January 1, 2015, the Defendant, who became aware of the business funds, etc. operating the above “C meat store,” etc. in the course of the introduction by a roman, prepared a false lease agreement for the “C meat store” with the victim E, who was aware of the business funds, etc. operating the said “C meat store,” with the intent to borrow money from the victim as security, as if there was the original deposit bond claim in KRW

1. On January 7, 2015, the Defendant forged a private document: (a) stated the real estate lease agreement prepared in advance to provide the victim with the money borrowed from the Defendant’s residence located in Ulsan-gu F, Ulsan-gu, 301 as security; (b) stated that “Slsan Metropolitan City G”, “Ylsan-gu, Ulsan-gu, Seoul-gu,” “Yansan-gu, 2.2 million won in the description of real estate in the guarantee column (payment on July 10); (c) on July 9, 2012; and (d) stated “H, I, J, and K” in the lessor column as “H, H, and K” and affixed a seal prepared in advance to the name of the said K.

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

2. On January 8, 2015, the Defendant: (a) borrowed the amount of KRW 10 million from the victim’s residence in Ulsan-gu L, Ulsan-gu L, Seoul-gu with the name of “C regularly landing point”; and (b) provided as security the real estate lease agreement entered into in the name of K with a false representation as if the agreement was duly formed.

Accordingly, the Defendant exercised a forged real estate lease contract under the name of K, such as the above paragraph (1).

3. The Defendant, on January 6, 2015, committed fraud, at the victim’s residence located in Ulsan-gu Lane around January 6, 2015, “Ysan-gu G.

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