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(영문) 수원지방법원 여주지원 2016.02.15 2015고단696
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On March 4, 2009, the Defendants jointly committed the crime refers to a false statement in the “E” restaurant operated by Defendant A, E, which is located in Ischeon-si, Leecheon-si, that Defendant A lend the victim F to the victim F with the purchase money of KRW 85 million which is provided as security for the deposit money of the above restaurant. Defendant B also has the victim’s lease deposit claim amount of KRW 85 million which is paid by A.

If A fails to pay the money, he/she shall pay the money in lieu of A's deposit for the entire lease deposit, and he/she shall prepare one copy of the real estate lease contract with the lessee and deliver it to the victim.

However, in fact, Defendant A entered into a monthly contract with Defendant B, and thus, Defendant A did not have the obligation to deposit KRW 85 million, and the Defendants did not have the intent or ability to pay the deposit even if Defendant A borrowed money from the damaged party because the Defendants exceeded the obligation and bad credit standing at the time.

As above, the Defendants conspired to deception the above victim, and received delivery of KRW 18 million from the victim on March 6, 2009, and KRW 25 million around March 19, 2009, as well as KRW 43 million from March 19, 2009.

2. Defendant A

A. On September 24, 2008, the Defendant: (a) stated that “I Ha,” “100,000,000,” “I Ha,” “place of payment,” “place of payment,” and “place of issuance,” respectively, in the column of “I Hacheon-si, Gyeonggi-do, D, and “date of issuance,” and “J” in the column of “H,” in the mutual clothing of “H, operated by G in Ischeon-si, Leecheon-si, Do; and (b) stated “J” in the column of “I Ha”, “10,00,00,” “place of payment,”

J’s seal impression has also been sealed.

Accordingly, the defendant has forged valuable securities for the purpose of exercising his rights.

B. The Defendant shall borrow 4 million won from I at the time and place specified in paragraph (a) and deliver to I any forged promissory note under the J’s name as described in paragraph (a).

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