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(영문) 수원지방법원 성남지원 2016.05.25 2015고단1257
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. When the Defendant borrowed KRW 30 million from B and demanded B to offer a security, the Defendant was willing to forge the lease contract for the third floor office of the Gangnam-gu Seoul Metropolitan Government D Building, which was used as a financial director, and deliver it to B.

On July 23, 2008, at the F Authorized Brokerage Office located in Gwanak-gu, Seoul Special Metropolitan City around July 23, 2008, the Defendant stated the real estate lease agreement as “Seoul, Gangnam-gu Seoul Special Metropolitan City (50,000,000), the deposit, the rent, 501, G501, resident registration number H, telephone I, name J, J, tenant address, K 106 and 402, resident registration number L, telephone M, and name A, which was prepared in advance following the name of the J.

Accordingly, for the purpose of exercising rights, the Defendant forged one copy of the real estate lease agreement under the name of J, which is a private document on the misappropriation of rights.

2. On July 23, 2008, the Defendant exercised the said investigation document as if he had completed the forged lease contract, as described in paragraph 1, to B, who was aware of the forged fact at the office of 304 Item B of the N building in Seongbuk-gu, Sungnam-si, Sungnam-si.

3. The defrauded borrowed KRW 30 million from the victim B at the time and place specified in paragraph 2, and the facts are as follows: (a) although the lease deposit for the third floor office of the building D in Gangnam-gu Seoul Metropolitan Government, Seoul, using the above “C” is not more than KRW 20 million, it shall be delivered to the victim of the forged lease contract as described in paragraphs 1 and 2, and (b) by deceiving the victim by means of preparing a contract for the transfer of the claim to transfer the right to return the lease deposit amount of KRW 50 million to the victim; and (b) by deceiving the victim by means of making a contract for the transfer of the claim to transfer the right to return the lease deposit amount of KRW 50 million,000 to the victim

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

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