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(영문) 부산지방법원 2015.11.19 2015고단4837
사기등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants pretended that there was a claim for the return of the security deposit by forging the real estate lease contract, and conspired to borrow money from the victim D with the security of the claim. Defendant A prepared and used the real estate lease contract, thereby borrowing money from the victim. Defendant B had his contact address entered in the column of the real estate lease contract and asked the victim whether or not the lease was made after the fact.

1. On May 2013, the Defendants: (a) completed a real estate lease agreement with the effect that “Defendant A leased the Busan Y G building from a lessor F to KRW 70 million; and (b) the lessor F received the down payment of KRW 30 million from the Defendant A on the date of the contract; (c) written the “F, H, and I (the phone number of the Defendant B)” in the lessor column; and (d) stamped the F’s seal arbitrarily created.

As a result, the Defendants forged one copy of the F Real Estate Lease Contract in F without authority for the purpose of exercising the rights in collusion.

2. On May 21, 2013, the Defendants conspired to exercise the said investigation document and delivered the said real estate lease contract to the victim who is aware of the forgery at the office of the law firm located in the Dong-dong, Busan Metropolitan Government, as if it were a document duly formed.

3. On May 21, 2013, the Defendants conspired to deliver a forged real estate lease contract to the victim as above at the above office and deceiving the victim as if there was a claim for the refund of deposit, and then, the Defendants acquired KRW 10 million from the victim as the borrowed money.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. Business contracts, receipts, and notices of assignment of claims for entertainment taverns;

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