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(영문) 전주지방법원 2017.08.25 2017고단1005
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Based on the trust that the defendant works as a secretary at a certified judicial scrivener office and acquired, the defendant has attempted to forge a real estate lease contract in the name of the mother C, thereby acquiring money from the victims.

1. On October 30, 2015, the Defendant: (a) forged or falsified private documents against the victim D; and (b) printed out in the real estate indication column in the real estate lease form using a computer without authorization from the F judicial scrivener office located in Seo-jin-gu Seoul Special Metropolitan City, Chungcheongnam-gu; (c) “Yinjin-gu G” in the guarantee deposit column; (d) “Ycheon-gu, 50,000,000 won” in the contract deposit column; (c) “YY” in the lessor column; (d) “A” in the lessor column; and (e) printed out in the lessee column “A” and in the lessee column “A” on October 10, 2014; and (e) affixed the above C’s seal created by the Defendant’s arbitrarily.

After that, the defendant, at the J coffee shop located in So-gu, Jinsan-gu, Seoul in the same day prior to the same day, all of the deposits of KRW 50,00,000 to the victim D on the first floor of Jinjin-gu, Seoul.

When lending KRW 30,000,000 as security for the deposit of the lease on a deposit basis, the payment shall be made without molding until January 31, 2016 and 2% of the interest shall be made per annum were presented to the victim.

However, in fact, although the above real estate lease contract was forged and there was no claim for the return of deposit amounting to KRW 50 million, the defendant deceivings the victim as if he had a claim for the return of deposit, and was remitted from the victim to the Agricultural Cooperative (K) account in the name of the defendant.

In this way, the defendant deceivings the victim by forging and exercising a private document C's real estate lease contract in the name of the third party, which is a private document on rights and obligations.

2. The victim L is forged, held, and the Defendant is not authorized to exercise his/her private document against the victim L, and the Defendant is not authorized to exercise his/her private document at the above F judicial scrivener office around October 31, 2015.

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