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(영문) 서울동부지방법원 2016.12.08 2016고단1065
사기등
Text

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

Reasons

Punishment of the crime

The defendant had arbitrarily altered the name of the tenant in the commercial building lease agreement that he leased by E, the defendant, without permission of the lessor, in his name, and had the intention to obtain a loan from the second financial right using the altered lease agreement.

1. On December 2010, the Defendant altered private document: (a) at the Defendant’s house of Songpa-gu Seoul Metropolitan Government F apartment 111 Dong 1101, 1101; (b) without the Defendant’s authority for the purpose of exercising his/her authority, attached E’s name and seal to the lease contract for I commercial building located in the first floor of Songpa-gu Seoul Metropolitan Government H Building prepared by the lessor and the lessee; (c) stated “B” on the site; and (d) attached B’s seal to the B’s name and then affixed to the B’s seal.

As a result, the defendant altered one copy of the lease contract in the name of G, a private document on rights and obligations.

2. Around February 11, 2011, the Defendant used the altered private document display as a collateral for a loan of KRW 30 million from the bank of future 2 savings banks, as the altered lease contract was duly completed by the Plaintiff at I located on the first floor of the Songpa-gu Seoul H building.

3. On February 11, 201, the Defendant: (a) at the office of the Victim Future 2 Savings Bank, Inc., Ltd., the Defendant: (b) around September 201, the Defendant: (c) had no property in which the Defendant’s restaurant business was reported as the deficit; and (d) had the intent or ability to repay the property by January 27, 201, which was extended from the victim by January 27, 2012, within the given time limit, even though the Defendant did not have any property in which the Defendant’s restaurant business had been reported as the deficit; (b) had the victim’s intent or ability to pay the said property; (c) had the victim by deceiving the victim by the altered lease agreement

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Examination protocol of the accused by prosecution;

1. Each police statement to K and J 1.

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