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(영문) 대구지방법원 2019.07.17 2019고단1400
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Since July 2002, the Defendant was a person who operated B Licensed Real Estate Agent, and was delegated by C with the authority of C to conclude a lease contract, deposit, monthly rent, refund of deposit, etc. for the Daegu Suwon-gu Do Do Do Do Do Do Do Do Do Do Do Do Do Do dong.

1. On March 23, 2017, the Defendant made a false statement that “A lessee F, who lives in the D Building E, would return KRW 20 million out of the deposit amount of KRW 27 million to the victim” by phoneing the victim at a location unclaimed on the part of the victim, and that “The former monthly rent of KRW 130,000 shall be raised to KRW 330,000,000.”

However, the above F did not demand the return of deposit, and it was thought that it was used for the personal purpose of the defendant by receiving money from the complainant as the refund of deposit.

As such, the Defendant, by deceiving the victim, received money of KRW 20 million from the victim to the Daegu Bank Account (H) in the name of Nonindicted Party G, who is the defendant, on the same day.

2. Forgery of private documents and the display of private documents;

A. On July 13, 2016, the Defendant, without authority, entered “C” in the real estate indication column in the real estate lease agreement printed out at the office of B Licensed Real Estate Agents located in the Daegu Suwon-gu J, Daegu-gu, and without authority, stated “Seoul-gu D Building I”, “30,00,000 won in the deposit column,” and “30,000 won in the period of July 17, 2016 through July 16, 2018.” The lessee’s personal information was stated in the lessee’s column, stating “Seoul-gu K”, “L”, and “C” in the resident registration number column and the name column, and forged one copy of the real estate lease agreement in the name of the said C, which is a private document on rights and obligations attached thereto, with the seal affixed thereto, at the same time and at the same time and place as above.

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