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(영문) 대구지방법원 2018.04.06 2017고정2123
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who leases the above house to D as the owner of the Daegu Suwon-gu C Housing.

1. Around November 20, 2014, the Defendant altered private documents: (a) decided to lease D with a deposit of KRW 2 million; (b) monthly rent of KRW 2 million; and (c) made and kept a monthly real estate lease contract under the name of the Defendant and D on the same day; (d) on March 2015, the Defendant: (a) made and kept a written agreement on the monthly real estate lease agreement with the Defendant’s office located under the name of the Defendant and D; and (b) made at will an additional statement to the effect that “the special agreement on the monthly real estate lease agreement shall be at least KRW 300,000 per month when the monthly rent is overdue.”

In this respect, the Defendant modified the Chapter of the Monthly Real Estate Lease Contract, which is a private document.

2. On July 28, 2016, the Defendant filed a lawsuit for the request for the delivery of a building with D in the Daegu District Court’s general civil petition office, and submitted the foregoing modified monthly real estate lease agreement to a public official who is not aware of the fact that the alteration was made as a document attached to the complaint, and exercised it.

3. On July 28, 2016, the Defendant filed a lawsuit seeking the delivery of a building, and submitted a modified monthly lease contract for real estate as above. In addition, the Defendant filed a lawsuit seeking the delivery of a building against the victim D by “a total of KRW 3,467,640,00,000, such as the delivery of the building and the overdue rent,” at the Daegu District District Court’s civil petition office (Seoul District Court 2016Ga 24502).

However, the defendant did not have a right to claim the overdue rent of KRW 300,000 per month because he did not have a special agreement on overdue rent with the victim.

The Defendant, by deceiving the above court, ordered the victim to pay KRW 3,467,640,00 to the victim, obtained pecuniary benefits equivalent to KRW 1.8 million in arrears.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A monthly lease contract and a monthly lease contract;

1. Records of the first instance trial in a civil case;

1. A copy of the judgment (Tgu District Court Decision 201Da3146, Jan. 11, 2017).

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