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(영문) 서울중앙지방법원 2019.03.20 2017고단3609
사기등
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On October 7, 2016, the Seoul Northern District Court sentenced 8 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Northern District Court on the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

1. The Defendants of the 2017 Man-Ma3609 are as follows: (a) around 2011, the Defendants were engaged in volunteer activities at the Seoul Jong-ro Group and became aware of each other.

The Defendants planned to take over a stock company C in the name of Defendant A and to conduct the business together.

Defendant

B for the above project, Defendant B prepared the purchase price and made Defendant A purchase of the Dongdaemun-gu Seoul Metropolitan Government E apartmentF (hereinafter “this apartment”) from Defendant A on April 11, 2013, to KRW 325 million. The Defendant A instructed Defendant A to borrow the business fund from the victim by deceiving Defendant A as if he did not have a deposit for the lease deposit even though G tenant resided in the apartment of this case at KRW 220 million, and Defendant A consented to this apartment.

1. From April 11, 2013 to May 8, 2013, Defendant B forged Private Document, using a computer in the Seoul Jongno-gu Seoul Metropolitan Government Office Co., Ltd. or in the Seoul House of Seoul, Defendant B affixed the seal of the G name prepared by entering and printing the “Seoul Dongdaemun-gu E ApartmentF,” the deposit money, the monthly rent, the lessor, and the lessee’s “G” into and printing out the file format of the apartment monthly rent contract, respectively.

As a result, Defendant B forged the monthly rent contract for apartment, which is a private document on the rights and obligations of G name, for the purpose of exercising a loan from H.

2. The Defendants’ uttering of the above investigation document, Defendant B’s fraudulent act as described in paragraph 1, and the documents necessary for the monthly rent contract and the loan of the apartment in the name of forged G, shall be delivered to Defendant A, and the apartment in this case.

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