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(영문) 서울서부지방법원 2014.03.28 2013고단3557
사기등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 16, 2012, Defendant A was sentenced to two years of imprisonment with prison labor for fraud, etc. on August 3, 2012, and the judgment became final and conclusive on August 3, 2012. (2) On January 17, 2014, the Seoul Southern District Court sentenced two years of suspended execution to ten months of imprisonment with prison labor for fraud, and became final and conclusive on January 25, 2014.

Defendant

B On November 12, 2013, the Seoul Western District Court sentenced two years to imprisonment with prison labor for fabrication of official documents, etc. and appealed, and is still pending in the appellate trial.

【Criminal Facts】

1. On July 2012, Defendant A conspired with an influenite, Defendant A, despite having already left the lease contract under the Songpa-gu Seoul Metropolitan Government F apartment 106 801 dong 801, where the Defendant was living, and had already been entrusted as security at the bank, Defendant A voluntarily prepared the lease contract and had the Defendant receive a loan from the victim G as security.

On July 2012, the Defendant: (a) written the personal information of H, the owner of the said apartment house, who the Defendant resides in the lessor’s column in the leased site; and (b) written the Defendant’s personal information in the lessee’s column at his/her own discretion on the deposit column, stating “250 million won” and “from June 4, 2012 to 24 months”; and (c) written the lessee’s personal information on the deposit column.

Therefore, the Defendant, in collusion with the needy person, forged a lease contract under the name of H, which is a private document concerning rights and obligations without legitimate authority.

B. On July 31, 2012, the uttering of forged official documents, the uttering of falsified investigation documents, and the fraud Defendant presented a forged pre-sale contract to the victim at the I certified judicial scrivener office near Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government office, stating that “If a third party lends KRW 80 million to the victim, he/she will repay it one year later,” and presented a forged H’s resident registration certificate.

Accordingly, the defendant in collusion with the needy person, and as mentioned above, a resident registration certificate which is a forged official document, and a lease contract which is a forged private document, respectively.

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