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(영문) 부산지방법원 동부지원 2016.04.06 2015고단1635
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Although the Defendant was delegated by C while managing the Busan Young-gu D and the same Gu E buildings owned by C, the Defendant was acting for the Defendant to conclude a lease contract for the above buildings. However, even though C did not have the authority to modify the terms and conditions of the contract, such as raising the deposit or rent, it did not receive any delegation from C, the Defendant was able to receive money by increasing the deposit money by extending the lease contract with the existing lessee for the purpose of consumption for personal use.

1. Forging a private document;

A. On August 10, 2010, the Defendant extended the existing lease agreement with F, a lessee of the first floor of the building in Suwon-gu, Busan, the second floor of the building, and signed C’s seal on the name side of the lessee’s name after entering into the “F, the first floor of the building in the area of the real estate lease agreement” in the column for the location of the real estate lease agreement. “The amount of gold is determined to be three million won” in the column for the rent (guarantee) and the monthly rent column. “The amount of KRW 950,000 (95,000) is to be borne by the lessee.” “The extension contract” in the down payment column, and “The Seoul Gwangjin-gu, G, H, C, and legal representative A,” and signed C’s seal on the name side of the lessee.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a real estate lease agreement in the name of C, which is a private document on rights and obligations.

B. On September 10, 2012, the Defendant extended the existing lease agreement with respect to the first floor of the port building at the place indicated in the paragraph (a) on September 10, 2012, and indicated C’s seal as “1,200,000 won (including an additional tax)” in the column of the real estate lease agreement, “1,20,000 won” in the monthly rent column, “Extension contract” in the extension column, and “Seoul Gwangjin-gu Seoul Special Metropolitan City G, H, and C” in the lessor column, and stamped C’s name.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a real estate lease agreement in the name of C, which is a private document on rights and obligations.

(c)

On December 10, 2013, the Defendant is on the first floor of the building I and the above D at the place described in paragraph (a).

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