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(영문) 서울북부지방법원 2015.02.06 2014고단3579
사기등
Text

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

However, 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

[Criminal Power] On December 30, 2010, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Central District Court, which became final and conclusive on May 27, 201.

【Criminal Facts】

1. On Oct. 1, 2010, the Defendant forged private documents, using a stampial pen to the location of real estate in the real estate site purchased at the Defendant’s house located in Seongbuk-gu Seoul Metropolitan Government D 401, the Defendant: “Seoul Seongbuk-gu D 401” and “D 401 million won”; “Seoul Dobong-gu E. 104-206” in the lessor’s address column; “F” in the lessor’s resident registration number column; and “G” in the lessor’s name column, and affixed the G seal.

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

2. On October 2010, the Defendant: (a) borrowed money from the I restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and exercised a copy of the forged real estate lease contract, as described in paragraph (1), as if the document was duly formed, to the J, who knew of the forgery.

3. The defrauded: (a) delivered a forged real estate lease agreement to the victim C through the J, as stated in paragraph (2), at the time and place specified in paragraph (2), the Defendant: (b) provided that “The Defendant would lend money to the victim as security; (c) paid in full after three months.”

However, in fact, the real estate lease contract that the defendant provided to the victim is forged, and the house deposit of the defendant actually lives was KRW 10 million, and even if the defendant borrowed money from the victim due to no particular property or income, there was no intention or ability to repay it.

On October 11, 2010, the Defendant received 19,400,000 won from the victim to the account in the name of K, an infant of the Defendant, as the borrowed money, from the victim, and was cash around October 20, 2010.

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