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(영문) 대전지방법원 2018.05.03 2018고단388
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On August 2013, the Defendant: (a) stated, in the column of real estate in the real estate lease contract form, Seo-gu, Daejeon Special Metropolitan City D; (b) monthly rent column; (c) monthly rent column; (d) KRW 00,000; (c) KRW 00,000; (d) KRW 00,000; (d) monthly rent column; (e) KRW 20,000; (e) KRW 20,000; (e) KRW 20,000; (e) KRW 30,000; and (e) KRW 20,000; and (e) signed the said

Accordingly, for the purpose of uttering, the Defendant forged the real estate lease agreement in the name of F, a private document on rights and obligations.

2. On August 11, 2013, the Defendant presented a forged real estate lease agreement at the mutual infinite coffee shop located in Gangnam-gu Seoul Metropolitan Government (Seoul), as if he/she were a document duly formed by the broker G, and then lent KRW 180,000 to the victim H, a bond broker, who was introduced through broker G, as seen above. It would provide real estate, such as the Daejeon-gu D land and housing, owned by him/her, as security.

In the above D land and housing, a lease contract of KRW 5 million and monthly rent of KRW 500,000 has been concluded, and there is sufficient collateral value.

“False speech” was made.

However, in fact, a lease contract of KRW 75 million has been concluded for the above D land and housing, and the lessee F had no value of the collateral because the lessee F had received until the fixed date.

Nevertheless, the Defendant received from the injured party a remittance of KRW 180 million on the same day.

Accordingly, the defendant exercised the above investigation document and acquired the victim's property by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint, a mortgage creation contract, a certified copy of D registry, a lease contract for each real estate, a short-term loan agreement, a written notice of completion of registration and a notice of completion of registration, and real estate for security;

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