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The defendant shall be sentenced to a fine of 3,00,000,000 won, and a fine of 2 and 3 crimes as set forth in the decision, respectively, in October.
Reasons
Punishment of the crime
On August 17, 2012, the Defendant was sentenced to a suspended sentence of ten months to imprisonment with prison labor at the Busan District Court for fraud, etc. on August 25, 2012, and the judgment became final and conclusive on August 25, 2012. On June 14, 2013, the Defendant was sentenced to a suspended sentence of two years to imprisonment with prison labor for fraud in the same court on October 5, 2013.
1. "2013 Highest 7346";
A. A. On May 22, 2009, the Defendant forged private documents and uttering the falsified Private Document: (a) the location of the land in the real estate lease contract without authority for the purpose of exercising at the D real estate office operated by the Defendant in Busan-gu, Busan-do without authority; (b) the deposit is KRW 20,000 (Won 20,000); (c) the monthly rent is KRW 20,000 (Won 20,000); (d) the deposit is KRW 20,000 (Won 20,000); (c) the remainder is as “one million in advance”; (d) the lessor’s address is as “F in Busan-gu”; (d) the lessor’s resident registration number is as “G”; and (e) the lessor’s name was affixed with the seal under the above H’s name and duties; and (e) forged the real estate lease contract under the name of H, which is a private document related to rights and obligations; and (e) exercised I’s knowledge.
B. Fraud concluded that “A victim I who was seeking to enter into a lease contract at the date, time, and place under the preceding paragraph would enter into a lease contract with KRW 20 million, monthly rent of KRW 20,000,000, E apartment 2,505.”
In fact, the Defendant was entrusted only with the right to lease KRW 5 million, monthly rent of KRW 1,50,000 from H, the owner of the above E apartment 2 and 505. Therefore, even if the Defendant received the lease deposit from the victim, he/she did not have any intent or ability to conclude the above contract.
Nevertheless, as above, the Defendant deceivings the victim as above and receives KRW 20 million from the victim as a deposit for lease.