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(영문) 대전지방법원 2018.08.23 2017고단408
사기미수등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2017 Highest 3974) The defendant and the victim B (n, 22 years old) are related to the fourth degree.

1. The Defendant, on September 1, 2016, calls the victim at an unknown place and calls the victim at a place where it is unknown, and “I would like to seek a house that would be sent back to the victim upon discharge from prison by his father C.

If 20 million won is claimed in a voice area, the transfer of 20 million won can be claimed, so the transfer of 20 million won is changed."

However, in fact, when the defendant receives the above money, he used it as construction cost in the voice area that was in progress at the time, and the above C was planned to seek a house as monthly.

The defendant deceivings the victim as above and was transferred 36 million won including 20 million won in the name of the above loan fund to the bank account (number E) in the name of the defendant under the name of the victim.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

2. The Defendant had the intent to forge a pre-sale agreement in order to ask for a pre-sale agreement from the above B to ask for a pre-sale agreement on the house in which C lives, and to look as if he actually performed a pre-sale agreement on real estate.

On November 22, 2016, the Defendant entered the name of the voice group F, “F,” “F,” “F,” “F,” “F,” “W, 20,000,000,” “F,” “F,” “F,” “F,00,000 in the column of deposit,” “A million won,” “A,” “A,” “G,” and “G,” and “B,” in the column of the date of preparation, affixed the seal of the said G in the column of the lessor.

Accordingly, for the purpose of uttering, the Defendant forged one chapter of the house lease contract in the name of G, which is a private document on rights and obligations.

3. On November 22, 2016, the Defendant, at a place where it is unknown on November 22, 2016, taken one copy of the house charter contract forged as described in paragraph 2, and was duly formed against the said B, who is unaware of such forgery.

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