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(영문) 인천지방법원 부천지원 2017.07.07 2017고단1172
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 28, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court on January 8, 2015, and the said judgment became final and conclusive on January 8, 2015. On March 26, 2015, the same court sentenced one year of suspended execution to six months of imprisonment for the same crime, etc., and the said judgment became final and conclusive on April 3, 2015.

[2] The Defendant had no capacity or intent to repay money borrowed from the victim C even if the Defendant borrowed money from the victim C in order to cover the medical expenses and the money loss incurred by stock investment in the company and working for the company. The Defendant already borrowed approximately KRW 100 million from bank notes, and additionally borrowed approximately KRW 100 million from bank notes.

1. On July 2013, the Defendant forged private documents at the “F” coffee shop near the Gangnam-gu Seoul Metropolitan Government D subway 2 Line E Station No. 1020, 1020, 1200, 120,000, 1200,000,000,000 won in the deposit column; “on June 30, 2012, the daily0,000 won shall be paid to the lessor’s address column”; “I” in the resident registration number column, “I” in the name and telephone number column, “J” in the lessee’s name and name column, and the lessee’s name and seal “K” in the name and cell phone number column, and then prepared the name and seal “K” in advance.

Accordingly, the Defendant forged one copy of the multi-family house lease contract in the name of K, which is a private document on the rights and obligations.

2. On July 31, 2013, the Defendant: (a) borrowed KRW 20 million from the said victim who knew of the forgery from the “O” office of the victim C’s operation in Gangseo-gu Seoul Metropolitan Government N; and (b) exercised the aforementioned forged multi-family house lease agreement as if it was a document duly formed.

3. The Defendant was guilty on June 26, 2013.

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