logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.10.23 2014고정823
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 10:00 on March 4, 2013, the Defendant forged private documents: “D” office operated by the Defendant of the 6th floor in Gwangju Mine-gu, Gwangju Metropolitan City, on the location column of the real estate lease contract, “100 square meters”; “30,000,000 in the area column; “200,000 in the rent column”; “10,000,000 in the down payment column; “20,000 in the remainder column”; “36 months” in the name column of the real estate; “E” in the rent column; “F”; “F” in the address column; and “H” in the name adjacent to the name of the above E-mail.

Accordingly, for the purpose of uttering, the Defendant forged the document in the name of E, which is a private document on rights and obligations.

2. On March 4, 2012, the Defendant: (a) delivered the forged real estate lease agreement to I, who was aware of the forgery at the preceding paragraph and at the place; and (b) exercised it as if it was a document duly formed.

3. The Defendant, at the same time and place as mentioned in the preceding paragraph, proposed to the victim I (the 28 years of age, South Korea) a forged real estate lease agreement as above as if it were a legitimate lessee with the 30 million won deposit for the lease deposit, and, at the same time and place as mentioned in the preceding paragraph, deceiving the said victim that “The 5 million won is leased only for two months. The interest shall be paid in one month, and the principal shall be repaid after two months.”

The Defendant was immediately issued KRW 5 million to the bank account (J) in the name of the Defendant under the name of the Defendant, as such, by the said I.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Application of Acts and subordinate statutes on a real estate lease contract;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

arrow