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(영문) 인천지방법원 부천지원 2019.01.10 2018고단913
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 23, 2016, the Defendant filed an application for a loan of KRW 7 million with respect to an employee in charge of loan of the victim B (representative C)’s name-free loan at the store site, and submitted a real estate lease agreement (exclusive lease) with the deposit money of KRW 30 million for No. 45,000,000,000 for No. 455,000,000 for No. 300,000 for No.

However, the defendant did not have entered into a contract as above.

The Defendant, by deceiving the victim as such, received 7 million won from the victim to the account under the name of the Defendant for loans on the same day.

2. The Defendant, at the same time as in paragraph (1), prepared and printed a real estate lease agreement (the lease agreement) with a lessor, lessee, deposit money of KRW 30 million, and two-year lease period of the said D building E using a computer in Bupyeong-gu D Building E in Bupyeong-gu Seoul Metropolitan Government at a time as in paragraph (1) and submitted it to the employee in charge of loans due to the name of B, who is not aware of the forged circumstances, as in paragraph (1).

Accordingly, for the purpose of uttering, the Defendant forged and exercised one copy of the real estate lease contract in F, a private document related to rights and obligations.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A written petition;

1. A real estate lease contract or a contract for transfer or acquisition of security deposit;

1. A detailed statement on the entry and withdrawal;

1. Application of Acts and subordinate statutes confirming facts

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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