(영문) 대구지방법원 경주지원 2015.11.12 2015고단735

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(영문) 대구지방법원 경주지원 2015.11.12 2015고단735

사기등

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Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. Around January 5, 2009, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim in a E-cafeteria operated by the victim D, Young-si, that “I will pay back the money after the loan to the victim.”

However, in fact, around 198, the Defendant was not able to pay KRW 100 million to the bond company at the time, and there was no job-related income, and there was no other property to pay the loan, and there was no intention or ability to pay the loan even if he borrowed money from the Defendant.

The Defendant received a total of KRW 40 million through six times, such as the list of crimes in the attached Table, from the victim, that is, one million won in cash from the victim.

2. The Defendant, who committed the crime related to the sale and purchase of real estate, did not have the right to dispose of the Fmun-si H land owned by the F (representative G), but did not intend to acquire the purchase price from the said victim by concluding a real estate sales contract in the name of representative G.

On July 28, 2010, the Defendant forged private documents: “1500 square meters” in the column in the location of the site for a real estate sales contract in the name of the relevant G, and “120 million square meters (120,000,000); “J G out of the IF text in the name of the seller; “K, L, and A” in the column of the seller; and affix the Defendant’s seal arbitrarily prepared in advance to the name of the said G and the name of A.

Accordingly, the defendant, for the purpose of exercising rights and duties, forged a real estate sales contract in the name of representative G among the F, which is a private document related to rights and duties.

B. The Defendant held a false real estate sales contract, which was forged at the above time, at the above place, as if it were duly formed with D who was aware of the fact.

C. The Defendant’s fraud is above at the above date and place.

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