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(영문) 서울북부지방법원 2017.02.23 2016고단1891
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2015, the Defendant: (a) indicated, on the second floor of the Gangdong-gu Seoul Metropolitan Government building C, that “the second floor of the building of Gangdong-gu Seoul Metropolitan Government,” “the entire floor of the building of Seoul Metropolitan Government,” and indicated in the guarantee metal column “40 million won and KRW 40 million in the contract gold column” and “40 million in the contract gold column”; and (b) indicated “the fourth floor of the building of Gangdong-gu Seoul Metropolitan Government, “the lessor name column” and sealed D’s seal prepared by the Defendant in advance.

Accordingly, the defendant has forged one chapter of a real estate lease agreement in the name of lessor D, a private document related to rights and obligations for the purpose of uttering.

2. On April 20, 2015, the Defendant at the notary public F office located in Gwangjin-gu, Seoul Special Metropolitan City, presented the forged “real estate lease agreement” as stated in paragraph (1) to I, who is the head of the management planning team of the management planning team of the G Co., Ltd. (hereinafter “victim Co., Ltd.”) and the injured party, who is aware of the forgery at the notary public F office in Gwangjin-gu, Seoul Special Metropolitan City.

3. On April 20, 2015, the Defendant, at a notary public F office located in Gwangjin-gu Seoul Special Metropolitan City, shows to I as if the above forged lease contract was duly formed, and thereafter, lends 20 million won as security until September 20, 2015.

From May 20 to May 20, 2015, it received 20 million won from the victim company through the Agricultural Cooperative Account (Account Number J) in the name of the defendant from the victim company and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A copy of a false real estate lease agreement;

1. Details of transfer of KRW 20 million;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of a lessor'sD telephone call).

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.

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