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(영문) 서울북부지방법원 2016.10.07 2015고합392
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for eight years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

A. The Defendant acquired pecuniary advantage equivalent to KRW 250 million in total of the lease deposit (hereinafter “200 million”). The Defendant was sentenced to imprisonment with labor for one year at the Seoul Central District Court on December 23, 2013 and two years of suspended execution on December 31, 2013 by using a resident registration certificate in the name of forged AW, and conspired to acquire the Defendant by borrowing KRW 70 million from the victim AY and borrowing KRW 70 million from the victim.

1. Forgery of private documents;

A. On June 10, 2013, at the office of “BA certified judicial scrivener” located in Seocho-gu Seoul Metropolitan Government, the Defendant forged the real estate security consent with the above AX, stated the indication column of the loan agreement that the Defendant indicates the real estate as collateral and guarantees the loan agreement at the office of “BA certified judicial scrivener” located in Seocho-gu Seoul Metropolitan Government, and indicated the “AW”, “B”, “B” in the resident registration number column, “Seoul Seocho-gu BC apartment * 12*,” and “BD” in the contact column, and marked the “BD” in advance.

B. The Defendant forged a loan transaction agreement along with the above AX, and pursuant to the above public offering, the above 1-A.

In the date, time, place, “a loan transaction agreement” written by the Defendant in the title “AW” and “BB” written in the second interruption guarantee column of the said document, and the prior seal was affixed to the AW, which was written by the Defendant.

As a result, the Defendant, in collusion with AX, forged each copy of the letter of consent on the provision of real estate and the letter of loan transaction in the name of AW, which is a private document related to rights and obligations.

2. The Defendant’s uttering of the above investigation document, along with the above AX, duly formed one copy of the time and place indicated in paragraph (1), the letter of consent on the provision of forged real estate, and each one of the loan transaction agreements, which may be known to AY.

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