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(영문) 서울중앙지방법원 2016.11.04 2016고합510
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for seven years, by imprisonment for four years and six months, and by imprisonment for three years, respectively.

Reasons

Punishment of the crime

Defendant

A is a seller of K L in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as "K L") and M L (hereinafter referred to as "M L", and when KS is jointly referred to as "the instant building"), the buyer, the Defendant B, and the Defendant C are sales brokers.

1. Fraud, etc. against Defendant A’s new savings bank;

A. Defendant A had the intent to forge a lease agreement in the name of lessee with the aim of reducing the amount of deposit for the purpose of using the loan from the Korea Savings Bank (hereinafter “Korea Savings Bank”) as security for the purpose of taking the loan from the new Savings Bank (hereinafter “Korea Savings Bank”).

On September 2014, the Defendant entered and printed “K L 501” in the real estate indication column in the real estate form in the real estate lease contract form by computers, “K L 501 million won in the contract amount column,” and “N personal information” in the lessee’s column, and affixed a seal on the N’s name.

The Defendant, as above, forged one copy of the N’s lease agreement, and forged three copies of the lease agreement as shown in the annexed Table 1 (1) around that time.

After that, on September 26, 2014, the Defendant submitted three copies of the forged lease agreement to the employee of the B appraisal corporation, who was entrusted with appraisal by the new savings bank in the vicinity of the above office, along with a written confirmation of the contents of the lease.

Accordingly, the defendant, without authority, forged three copies of a lease contract in the name of tenant who is a private document on rights and duties, and used a forged lease contract.

B. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) filed an application for a loan of KRW 3 billion with the employee in charge at the head office of the victim new savings bank located in the Gangnam-gu Seoul KHro 418 after having applied for a loan of KRW 3 billion to the employee in charge as security of K L in the middle of September 2014.

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