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(영문) 인천지방법원 2016.07.13 2016고단1885
사문서위조등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 13, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and was released on November 30, 201 in Seoul Detention Center on the execution of the sentence, and the parole period expired on December 5, 201. On November 9, 2012, the Defendant was sentenced to two years of suspended execution of one year of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on November 17, 2012.

1. On June 18, 2012, the Defendant of a private document forgery: (a) in D Bana located in Gyeyang-gu Incheon Metropolitan City, in the indication column of real estate in the real estate lease agreement; (b) in the column of the location, “the 4,5, and6th floor of the building in Gyeyang-gu Incheon City” in the column of “this KRW 30 million (Won 230,000,000)”; (c) in the column of the down payment, “this KRW 25,000 (Won 25,000,000)”; and (d) in the intermediate payment column, the Defendant in the column of the intermediate payment, carrying the remaining column of “Malcheon,000 (Won 75,000,000)” in the column of “Mon 130,000,000 (Won 130,000,000)”.

E’s seal has been affixed.

Accordingly, for the purpose of exercising, the Defendant forged one chapter of the real estate lease agreement in the name of E, a private document on rights and obligations.

2. The Defendant: (a) sent the forged real estate lease agreement to F, who was aware of the forgery at the time, at a place specified in paragraph (1) and at a place; and (b) exercised the said document as if it were a document duly formed.

3. The Defendant, at the time and place set forth in paragraph 1, made a false statement to the victim F, stating that “The Defendant would lease the sacrine in D sacrine, because he/she would lease the sacrine in D sacrine,” as stated above.

However, in fact, the Defendant did not have been delegated with the right to lease the above three generations by E, the owner of the above D Coina, so even if receiving money from the damaged party, the Defendant did not have the intent or ability to lease the above three generations.

The accused shall be the name of the deposit money for lease from the injured party.

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