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(영문) 서울중앙지방법원 2014.09.17 2014고단3943
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On December 28, 2010, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and the said judgment was finalized on January 5, 201. On May 17, 2012, the same court was sentenced to a suspended sentence of two years for imprisonment for the same crime, and the said judgment became final and conclusive on the 25th of the same month.

【Criminal Facts】

Although the Defendant leased and used the Guro-gu Seoul Metropolitan Government B and the second floor as a deposit amount of KRW 10 million, monthly rent of KRW 400,000,000, the Defendant was willing to acquire money by forging the lease contract.

1. Forgery of private documents;

A. On April 2010, the Defendant: (a) indicated the Defendant’s residence in Guro-gu Seoul Metropolitan Government B and 2, and affixed the seal of C and D in the column for indicating the real estate leased site without authority to exercise the right; (b) “Seoul Guro-gu B and 2,” “80 million won in the column for the deposit for the deposit; (c) from March 15, 2010 in the column for the contract term; and (d) on March 15, 2010 in the column for the date of preparation,” “C”, “A” and “D” written in the column for the deposit for the deposit for the lease of real estate; and (d) affixed the seal of C and D, which were arbitrarily dismissed on the name of C and D.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the real estate lease contract of C and D, a private document related to rights and obligations without authority.

B. The Defendant: (a) stated the date and time of the description of the foregoing paragraph; (b) stated the item of “lease” in the item of the building column for the description of the object of brokerage; and (c) stated the size, status, etc. of the object in the column for the name of the broker; and (d) affixed the seal of D arbitrarily dismissed onto the name of D, stating the name of the broker as “D” and “E Licensed Real Estate Agent”.

Accordingly, for the purpose of exercising authority, the Defendant forged a “a description of confirmation of object of brokerage” in the name of D, a private document concerning facts.

2. On April 3, 2010, the Defendant of the above investigation document is the Gangnam-gu Seoul F, around 11:00.

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