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(영문) 수원지방법원 평택지원 2017.09.08 2017고합26
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is the right physician of the E church in Pyeongtaek-si D.

In 2011, the Defendant entrusted F with the management of the multi-family house with F-owned Ga G A Dong and H B (hereinafter “multi-family house in this case”) and the management of the monthly rent lease, etc.

1. The Defendant, at the J-authorized Brokerage Office located in Pyeongtaek-si on March 15, 2014, delegated only his/her authority to conclude a monthly rent contract from F, the owner of the instant multi-family house, to enter into the lease contract with K. However, without authority, for the purpose of exercising the right to execute the monthly rent contract with the lessee, he/she shall deliver the said real estate to the lessee by March 22, 2014, and deliver the lease term to the lessee by March 22, 2015, and after entering the lease term into the lease contract with F, “F” in the real estate column for the lease contract without authority.

F The stamp was stamped and then delivered to the above K.

Accordingly, the defendant, for the purpose of uttering, forged a copy of the whole lease contract in the name of F, which is a private document concerning rights and obligations without authority, and issued a forged lease contract to K as if it was duly formed. From that time to September 2016, the defendant forged the lease contract document in the name of F, which is a private document concerning rights and obligations, and exercised it by delivering the forged lease contract document to the borrower.

2. Since the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) was delegated by the victim F to the instant multi-family house by entering into a monthly rent lease contract and receive monthly rent, the Defendant has a duty to enter into only a monthly rent lease contract for the victim.

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