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(영문) 수원지방법원 2015.01.21 2014고단6140
사기등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

1. Proxy system;

A. On January 2, 2012, the Defendant forged private documents: (a) at the C office in Suwon-si, the Defendant was granted the authority to conclude the lease contract from H, etc.; and (b) without being delegated the authority to receive the lease deposit, the Defendant arbitrarily prepared the power of delegation to the effect that “H,Y, and Z delegate the Defendant with the authority to conclude the lease contract and to receive the lease deposit for the D ground buildings in Suwon-gu, Suwon-si, Suwon-si; and (c) affixed seals in advance on the name of H,Y, and Z.

In this way, the defendant, without authority, forged a letter of delegation in the name of H, Y, and Z, which is an private document concerning rights and obligations.

B. Around June 4, 2012, the Defendant entered into a lease agreement with AA on subparagraph 302 of the said building at the above Licensed Real Estate Agent Office, and exercised the power of delegation in the name of H,Y, and Z as described in the foregoing paragraph (a) by presenting it to A who is unaware of such circumstances.

2. Lease contract.

A. On June 4, 2012, the Defendant: (a) entered into a lease agreement with the above licensed real estate agent office; (b) on subparagraph 302 of the said building with A, the Defendant: (c) entered into said agreement with the said licensed real estate agent office; (d) however, the Defendant: (a) entered into the lease agreement with the said building on KRW 20,000,000 for the lease deposit; (b) on the condition that “A leased the said building 302 on the lease deposit of KRW 10,000,000 for the monthly rent of KRW 250,000 for the lease deposit; (b) signed the lease agreement following the name of AA.

In this way, the defendant has forged one copy of the lease contract under the name of AA, a private document on rights and duties without authority for the purpose of exercising his rights and duties.

B. The Defendant forged one copy of a lease agreement under the name of AA as described in the foregoing paragraph, and presented it to H, who is aware of such circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. A, A.

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