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(영문) 서울북부지방법원 2014.05.21 2014고정975
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around April 20, 2013, the defrauded made a false statement to the victim at D coffee stores operated by the victim C in Jongno-gu Seoul, Jongno-gu, Seoul, stating that “3 million won is urgently required, and KRW 100,000,000 is first detached, and the principal amount is KRW 3 million shall be repaid ten days later.”

However, in fact, even if the debt including credit card arrears at the time exceeds KRW 70 million and the victim borrowed money, there was no intention or ability to repay the debt.

As such, the Defendant, by deceiving the victim, received 2.7 million won in cash from the victim.

2. On May 9, 2013, the Defendant forged private document at the influent painting book located near the Dongdaemun-gu Seoul Metropolitan Government Seodaemun-gu Seoul Metropolitan Government Location, indicated “YYYYYYYE” in the column for the location of real estate site for the real estate lease contract, “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the real estate lease contract, which is a private document on the rights and obligations under the name of F and H.

3. On May 9, 2013, the events of the above investigation document and the fraud Defendant provided the victim C with the aforementioned forged real estate lease agreement as collateral at the above D coffee store, and provided the victim C with the false statement that “Ipf monthly requires an urgent need to pay KRW 100,000,000,000,000,000,000,000 is first detached, and the principal amount is to be repaid after 10,000,000 won.” The Defendant received KRW 270,000 in cash from the victim, namely, at the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused and F by the prosecution;

1. The statement of the prosecutorial assistant to C;

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