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(영문) 인천지방법원 2016.11.24 2016고단5323
사기등
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

. On December 2, 2013, the Defendant: (a) requested G to repair NFnata, Igs, and K7 vehicles from “H” operated by G located in the Dong-gu Incheon Police Officer, Incheon; and (b) was required to pay KRW 17 million at its repair cost by the said temporary border.

The Defendant did not release the vehicle without paying repair expenses, and instead, as the deposit for the defective Defendant’s residence is KRW 70 million, forged the lease contract, offered the above lease money as security and received a grace period for the payment of repair expenses.

1. Forgery of private documents and the display of private documents;

A. On December 2013, the Defendant: (a) purchased a paper for the lease contract purchased from a door room in the Defendant’s residence located in Jung-gu Incheon, Jung-gu, Incheon; and (b) signed it as M in the column for indication of real estate in the lease contract, stating the “Yil million won” in Jung-gu Incheon Metropolitan City Jung-gu, Jung-gu, Incheon; (c) 59,975m2, Jung-gu, Incheon; (d) 102m2, Jung-gu, Incheon; (e) 10 million won in the deposit column; and (e) in the lessor column, the Defendant signed it as M; and (e) affixed a seal prepared in advance thereafter.

Accordingly, for the purpose of uttering, the Defendant forged a lease contract in the name of M, which is a private document on rights and obligations.

B. On December 2013, 2013, the Defendant: (a) presented to G, who is aware of the forgery, a charter contract in the name of M, as described in paragraph 1(a), at a business establishment for the rearrangement of “H”; (b) the Defendant presented the forged contract to G.

2. In presenting a forged lease contract, such as the date and time stated in Paragraph 1(b) and at the place specified in Paragraph 1(a), the Defendant made a false statement that “The Defendant would pay KRW 17 million for repair costs at the Raddd-si. The payment of KRW 70 million for apartment deposit is to be made as security, and the vehicle is immediately released for delivery.”

However, in fact, the above lease contract was forged by the defendant, and the actual apartment deposit of the defendant was limited to 3.5 million won.

In other words, the defendant is against the victim.

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