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(영문) 창원지방법원 진주지원 2016.06.21 2016고단349
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 6, 2014, the Defendant was sentenced to 8 months in Seoul Eastern District Court to imprisonment for fraud, etc.; on July 3, 2014, on September 1, 2014, each of the above judgments was finalized on May 15, 2015; on May 23, 2015, the Defendant was sentenced to 1 year and 6 months of imprisonment for fraud, etc. at the same court; and on May 21, 2015, the said judgment became final and conclusive on May 29, 2015, after having been sentenced to 2 years of suspended sentence for 6 months of imprisonment with prison labor at the Seoul East East District Court for fraud, etc.

Although the Defendant and C were able to live in KRW 25 million, monthly rent of KRW 100,000,000,000 in Seoul Dongdaemun-gu apartment 103 Dong 1102 and KRW 190,000,000, the Defendant and C conspired to take charge of each of the following matters: (a) the above apartment owner, provided a forged lease contract document under the name of E, which is the owner of the apartment, as security for a forged lease contract; (b) the Defendant introduced C to the victim; and (c) the role of forging the lease contract document; and (d) C borrowed money from the victim.

1. On December 2012, according to the public invitation with C, the Defendant forged a private document: “103 Dong-dong 1102,” in the column for the location of the site for the pre-sale contract of the apartment using a computer from a painting house with the name near the Dongdaemun-gu Seoul Metropolitan Government description to enter the personal information of “E” in the column for the location of the site for the pre-sale contract of the apartment using a computer; “Won-gu 190,000,000” in the deposit column; “Won-gu 104 Dong-dong 102, Gyeyang-gu, Seoul Metropolitan City 104, G 102,” in the name column for the lessor’s address; “E”; and “E” in the name column for the lessee’s name; and then arbitrarily inserted the personal information of “E” in the name adjacent to the above E name.

E affixed a seal on the E’s name.

As a result, the Defendant conspired with C to forgee one copy of the apartment lease contract in the name of E, a private document on rights and obligations.

2. On January 25, 2013, the Defendant and C in the event of the above investigation documents shall pay C money in the name of F at the I certified judicial scrivener office located in Gwangjin-gu Seoul Special Metropolitan City H.

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