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(영문) 수원지방법원 평택지원 2011.11.29 2011고단49
사기미수 등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant, as a real estate intermediary, was aware of the victim E as a customer around 200 and has been involved in real estate management and building construction works of the victim.

The Defendant came to know the F through the introduction of the victim, and invested KRW 680 million in the F business from December 2006 to February 2007, but did not recover the principal amount. As the victim had to guarantee the above investment proposal against F, he thought that he arbitrarily prepared the cash custody certificate in the name of the victim and the wife G, as the victim had guaranteed the above investment proposal against F.

From September 29, 2009 to November 2, 2009, the Defendant had J, an employee, from the “I” office in the “I” office of the Defendant’s operation of the Pyeongtaek-si building, J borrowed KRW 680 million from the victim’s spouse as collateral for one parcel of land and above-ground buildings, the victim’s spouse, and paid due date on December 30, 2009, and the victim is jointly and severally and severally guaranteed by the victim. The Defendant signed the “G” and the “E” certificate on the joint and several liability column, and signed the seal imprint of the victim’s name and G with the victim’s personal seal affixed to the above name, respectively.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a private document related to rights and obligations G and E’s cash storage certificate in the name of G and E.

2. Around June 16, 2010, the Defendant received a complaint from the head of Pyeongtaek-si, Suwon-dong District Court claiming a loan from G and the victim, and submitted the forged cash storage certificate to the public official in charge who is aware of the forgery as if it were duly formed.

3. The Defendant’s attempt to commit fraud is based on a forged cash storage certificate from the public sector sector of the above Pyeongtaek Housing Site on or around June 16, 2010.

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