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(영문) 부산지방법원 동부지원 2013.05.15 2012고단4429
사기등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. An application for compensation shall be dismissed;

Reasons

Punishment of the crime

The defendant is a person who runs real estate brokerage business.

On December 2010, the Defendant received a request for lease brokerage under the condition that he did not have premium No. 103 of the F apartment commercial building in Busan, Busan, Busan, for a commercial building.

On December 26, 2010, the victim D asked the above commercial building and expressed his intention to rent the commercial building, and the defendant tried to do so by deceiving the victim as if he had entered into the lease contract in advance and by deceiving the money under the name of the premium.

1. On December 27, 2010, for the purpose of exercising the forgery of private documents on the paper of the contract for the lease of commercial buildings, one copy of the lease agreement under the name of E, a private document, signed on December 27, 2010, stating the date of the contract to the effect that the lessor shall lease the above 103 commercial buildings to G (the wife of the accused) on the paper of the contract for the lease of 103 commercial buildings and 20 million won monthly rent 1.1 million won, with the intention of using it on the paper of the contract for the lease of commercial buildings, was forged.

2. At around 17:00 on December 27, 2010, the said investigation document presented a forged lease agreement to the victim D at an I restaurant located in Busan Shipping Daegu H, Busan, and exercised it as if it were genuine.

3. In presenting the lease contract between E and G forged at the date, time, and place of fraud in the above paragraph 2, as if G were to pay 11 million won premium in return for the waiver of the contract by G to the victim D, it is false, and it was received from D, around 19:00 on the same day, as the Defendant’s wife’s deposit account in the name of G, the Defendant’s wife, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness D, E, J, K, L, and M;

1. Each protocol of suspect examination of the accused;

1. A written statement, coal application, or appeal filed against the D;

1. Written statements and performance records of duties of K;

1. E statements, details of modern card transactions, and J's written confirmation;

1. L’s confirmation, liquidity transaction inquiry, M’s confirmation, and a copy of the real estate registry (the Defendant’s side is the lessee’s side at the N Office operated by K around 10:30 on December 27, 2010).

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