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(영문) 서울중앙지방법원 2019.08.30 2019고단4169
사기등
Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

Reasons

Punishment of the crime

After forging a lease contract with B, the Defendant offered to borrow money as security for the lease deposit stated in the contract.

1. On August 2017, the Defendant forged private document: (a) notified B of the resident registration number, address, etc. of C at a Seoul Fransh location; and (b) around that time, B made a real estate lease contract using a computer to the lessee that “C shall lease the lessee 2 floor E from March 30, 2015 to March 29, 2018” and printed out it; (b) on September 1, 2017, the Defendant signed a contract printing out to the Defendant at a coffee shop where it is impossible to identify the trade name of the Southern Fransh located in Seocho-gu Seoul, Seocho-gu, Seoul; and (c) the Defendant affixed a seal of C prepared in advance to the name next to C.

As such, the Defendant conspired with B to forge a real estate lease agreement in the name of C, which is a private document concerning rights and obligations.

2. On September 6, 2017, at a coffee shop, where the Defendant, along with B, did not know the trade name near the Seoul Central District Court in Seocho-gu Seoul, Seocho-gu, Seoul, on September 12:0, 2017, the Defendant: (a) the victim F, “The owner of the house has a charter contract of KRW 400 million; (b) the owner of the house will loan KRW 2.50 million as a security. If he/she has paid money within three months, he/she will transfer the lease deposit amount of KRW 400,000.” (c) The Defendant, who was aware of the forgery, had a genuine real estate lease contract that was forged as provided by the preceding paragraph.

However, the Defendant, as a person with bad credit standing, did not have certain income or any other property, and there was no claim for the return of deposit for lease of KRW 400 million to C, so there was no intention or ability to repay the money to the victim as agreed to lend money from the victim.

The defendant, together with B, deceives the victim and belongs to it.

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