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(영문) 서울중앙지방법원 2018.05.23 2017고단2627
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After receiving the order of the victim B to prepare an office from the victim who has promoted the Cheongba project with D and E, the defendant was the employee of the victim B's (state)C, and was ordered by the victim of the Cheongbaba project, the defendant accepted the proposal of D and E that he would use the Cheongbaba project by paying the deposit in installments. The defendant actually concluded the lease contract with the lessor of Gangnam-gu Seoul Metropolitan Government F with the deposit amount of KRW 70 million with the lease deposit amount of KRW 70 million, as if the deposit was the cause of the lease deposit amount of KRW 170,000,000, then he forged the lease contract as if the deposit amount was the cause of the lease deposit amount, and then

1. On May 25, 2010, the Defendant forged a private document: “F of Gangnam-gu Seoul Metropolitan Government,” “F, 170,000,000,00” in the guarantee column; “G outside two persons” in the lessor column; “B” in the lessee column; “BC” in the lessee column; and “I” in the broker column; and then arbitrarily inscribed the leased contract form with “I” in the lessor column, referring to the actual lease contract form.

G and I’s seal was affixed to the name next to the name of the above “G et al. 2” and the above “I,” and the Defendant sealed the corporate seal impression of the C as the lessee’s “(state)C”.

Accordingly, the Defendant, in collusion with D, E, forged a copy of the private document lease agreement in the name of (State), G, and I for the purpose of exercising rights and obligations.

2. On May 25, 2010, the Defendant presented that, at the office of the Co., Ltd. in Gangnam-gu Seoul J around May 25, 2010, he/she was aware of the forgery as if the above forged real estate lease contract was a document duly formed.

Accordingly, the Defendant conspiredd with D and E to exercise the above forged real estate lease contract.

3. The Defendant’s fraud is above to the victim at the time, time, and place specified in paragraph 2.

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