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(영문) 대구지방법원 안동지원 2015.06.05 2014고정283
사기등
Text

Defendant shall be punished by a fine of KRW 1,700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant forged a real estate lease contract with a lessor C or a lessee as the Defendant, with intent to borrow money from D as if the Defendant would receive a security deposit from C.

On May 2013, the Defendant stated in the real estate indication column the printed contract form “EAPT 110, in the real estate display column,” the monthly rent of “300,000,000”, “30,000”, “25 days”, “3,00,000” in the deposit column, and “3,00,000” in the lessor’s column. On the date of preparation, the Defendant stated “25 February 2013,” “EPT 110 (F restaurant),85.129, and C” in the lessor’s column as “Yju G, H, I, and A”.

In this way, for the purpose of exercising rights and obligations, the Defendant forged one copy of the real estate lease agreement in the name of C, which is a private document on rights and obligations.

2. On May 23, 2013, the uttering of the above investigation document and the fraud Defendant presented a forged real estate lease agreement as security to the victim who knew of the fact, as stated in paragraph (1), at the Kamane operated by the victim D in Ansan-siJ around May 23, 2013, and falsely stated that “If a third million won is lent to the victim, the payment will be made not later than December 22, 2013.”

As a result, the defendant presented a forged real estate lease contract in the name of C and acquired 2,820,000 won after deducting the interest from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of each loan certificate, a copy of the real estate lease contract, a copy of the agricultural bank passbook (D), an investigation report (E apartment 110 owner L), and an investigation report;

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 fines, respectively.

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