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(영문) 대전지방법원 서산지원 2015.12.17 2015고단615
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2010, the Defendant forged private document: (a) indicated “50,00,000 won in the deposit column; (b) indicated “E”; and (c) indicated “A” in the lessor column, “A” in the lessor column, “A” and “A” in the lessee column at his/her own discretion, with the view to obtaining false loans at the Defendant’s residence located in Da apartment 102, 606, Chungcheongnam-gun-gun, Chungcheongnam-do; and (d) marked in the column of the real estate lease agreement, using a pen in the paper of the real estate lease agreement owned by nearby real estate.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract in the name of lessor E, which is a private document on rights and obligations.

2. On May 31, 2010, the Defendant: (a) borrowed money from the H Licensed Real Estate Agent Office operated by G in J in Jin-si, Jin-si; (b) exercised the forged real estate lease contract as if it was a document duly formed.

3. The defrauded presented the forged real estate lease contract at the time, time, and place mentioned in Paragraph 2 as above to the Victim G. In fact, the Defendant, despite having resided in the above apartment in KRW 5 million and monthly rent of KRW 300,000,000, as if the Defendant had been holding KRW 50,000,000 to E, and if the Defendant borrowed money from the victim, he/she provided the victim with the claim for the lease deposit as security, and was remitted from the victim to the Agricultural Cooperative account (Account Number: I) account in the name of the Defendant on the same day.

The Defendant received a total of KRW 21,116,00 from that time until August 3, 2010 by the same method four times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The real estate lease contract;

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