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(영문) 대구지방법원 2020.10.20 2019고단5776
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around December 2016, the Defendant: (a) sold B and B, in the name of B, the name of B, and (b) sold B to the Defendant, and (c) promoted a sales contract with the content that the purchaser is F; (b) around November 25, 2014, B provided and borrowed the said “D loan” in the name of B as security to G association; (c) repaid KRW 120 million to B and borrowed the said “D loan” in the name of B; and (d) intended to offer the said “D loan as security to G association and borrow KRW 120 million in the name of F; (c) however, it is difficult for the said G association to reject the lease contract due to the lease relationship related to “D loan”.

1. On December 22, 2016, the Defendant and B prepared for the fabrication of private documents in the G Union located in the Daegu-gu Dong-gu, Daegu-gu, in accordance with the above public offering, and entered the name and personal information of the J as the lessee in the column of location by using the official approval color pen in the form of the real estate lease contract. The Defendant and B entered the name and personal information of the J as the lessee in the column of the deposit column, and affixed a seal affixed to the column of the location.

As a result, the defendant and B forged one copy of the real estate lease contract in the name of J, a private document related to rights and obligations for the purpose of exercising them in collusion.

2. The Defendant and B, at the time and place set forth in the foregoing Paragraph (1), exercised a real estate lease contract under the name of J, which was forged as set out in the foregoing Paragraph (1).

3. The fraud B and the Defendant, at the time, at the time and place set forth in the above Paragraph (1) above, delivered a false real estate lease contract in the name of J to K of the victim G association as set out in Paragraph (2) above to K of the above Paragraph (1) and offered the existing debtor C with "D lending" as security. Thus, the debtor F lending KRW 120 million.

The lessee is the lessee of the foregoing “D Loan”.

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