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(영문) 대전지방법원 천안지원 2016.07.05 2016고단253
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 2013, the Defendant concluded a sales contract with the representative director of D Co., Ltd. (hereinafter “D”) and the said “Etel” owned by D, with respect to KRW 6.75 billion, but the Defendant agreed to sell the said officetel on behalf of the Defendant, as the purchase price was not paid.

For the foregoing reasons, the Defendant merely held the authority to vicariously sell the “E Officetel” without the consent of the “D,” and thus, despite the absence of the authority to rent the said Officetel, the Defendant forged the lease contract under the name of the company “E” created for the sales business of the D, and used it to receive money from the lessees for the purpose of deposit money and monthly rent.

1. The Defendant forged a private document or exercising the said investigation document at a sale office located on the second floor of Asan-si Etel around November 29, 2014. The Defendant entered into a lease contract with the lessee F for the purpose of uttering and entered into the lease contract with the said officetel 407 without authority on the part column for lease of the document form of “407 real estate lease agreement” stored on the office computer; “50 million won” in the deposit column; “5 million won shall be paid at the time of the contract and zero (500,000 won)”; “The 500,000 won shall be paid on the 30th day of each month; the 1st day of November 30, 2014 to 2015 to 129th day of January 29, 2014; the 1st day of the lease agreement; the 2nd day of the 1st day of the 20th day after the date of commencement; the 1st day of the lease’s name “the 1st day”.

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