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(영문) 서울중앙지방법원 2014.02.18 2013고단5219
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2009, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and the said judgment was finalized on February 11, 2010.

1. Around January 2008, the Defendant forged private document: (a) at the “D” restaurant operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government, the Defendant indicated in the real estate lease contract form “D” in the real estate location in the real estate space with an authorized color pen, “building 1 and 2 stories on the land in Gangnam-gu Seoul Metropolitan Government,” “2 years,” “2 years,” and “Seoul Metropolitan Government F apartment 102 Dong 504 G” in the lessor’s name; and (b) affixed a seal in the name at his own discretion on February 2008; (c) at the above “D” restaurant; (d) at the real estate location in the real estate lease contract form with an authorized pen; (d) at the real estate location in the “Seoul Metropolitan City Mapo-gu”, “three years,” the term of office in the deposit column,” and (e) at the lessor’s name back to the lessor column, the Defendant voluntarily sealed his name.

As a result, the Defendant, without authority, forged each copy of the real estate lease contract in the name of G and J, which is a private document on the rights and obligations without authority.

2. On May 14, 2008, at the victim L's office located in Jongno-gu Seoul Metropolitan Government K Building 101-1301, the Defendant: (a) issued two copies of the real estate lease contract under the name of G and J as if they were genuinely formed; and (b) exercised each of them.

3. Around May 14, 2008, the fraud Defendant provided two copies of the forged real estate lease contract to the victim L's office located in Jongno-gu Seoul Metropolitan Government K building 101-1301, and falsely stated that “The Defendant shall repay money after five months if he/she lends money to the victim as security for the real estate lease contract and the certificate of assignment of claims.”

However, the above real estate lease contract is not only forged but also a restaurant operated by the defendant at the time.

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