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(영문) 대전지방법원 2015.03.03 2014고단3181
사기등
Text

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

Reasons

Punishment of the crime

"2014 Highest 3181"

1. On June 10, 2010, the Defendant: (a) sold “M-based multi-household housing” to L; (b) leased and managed the said multi-household housing from L on the same day; and (c) was able to pay a deposit for rent to tenants by putting the lease on the same day as L is the owner of the said multi-household housing.

Around January 24, 2011, the Defendant entered into a lease agreement with AM and the above multi-household housing 403, without authority, entered into a lease agreement with the Defendant into a multi-household office, with the aim of exercising the lease agreement, the Defendant, without authority, entered “Seoul Metropolitan City Dong-gu 1,” “Seoul Metropolitan City 1,” “Seoul Special Metropolitan City 2,” “Seoul Special Metropolitan City 24,” “Seoul Special Metropolitan City 201,” and “D” in the lessor’s address column, “N” in the resident registration number column, and “K” and “K” in the telephone number column. On the back of the above L’s name, the Defendant affixed L seal affixed to the Plaintiff in advance.

Accordingly, the Defendant forged one copy of the above L’s real estate lease contract, which is a private document on the rights and obligations, and issued the forged contract to the above AM and exercised it.

2. Fraud;

A. On January 24, 2011, the Defendant entered into a real estate lease agreement with the victim as of February 25, 2013 with the lessor, lessee, lease deposit amount of KRW 20 million to the said multi-household house as seen above, and with the victim as of February 25, 201, the Defendant concluded the real estate lease agreement with the victim for the period of KRW 403 as of February 25, 201.

However, the defendant did not have the authority to conclude the lease contract with respect to the above 403, and even if he received the lease deposit from the victim, such as the debt amount to approximately KRW 200 million, it shall be returned after the expiration of the period.

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