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(영문) 광주지방법원 순천지원 2017.09.08 2016고단2500
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. Alteration of private documents and the uttering of private documents;

A. On January 31, 2015, the Defendant changed private documents: (a) stated that, for the purpose of borrowing money from D from D on January 31, 2015, the Defendant changed the guarantee deposit column stated as “three million won in the real estate lease agreement (the lessor E) of the said tenant on May 9, 2014,” using a verification color pen to read “three million won.”

Accordingly, the defendant modified the lease contract of real estate, which is a private document on rights and obligations, for the purpose of exercising.

B. On January 31, 2015, the Defendant: (a) borrowed money from D on the said tenant bank from D; and (b) delivered to D a real estate lease agreement altered as stated in the foregoing paragraph 1(a).

Accordingly, the defendant exercised the altered private document.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On August 2015, the Defendant: (a) entered the name “E” and “E” in the lessor column of the real estate lease contract for the purpose of borrowing money at the above guard; and (b) entered the name “E” in the signature and seal box; and (c) signed it.

Accordingly, for the purpose of exercising authority, the Defendant forged a real estate lease agreement in the name of E, a private document on rights and obligations without authority.

B. On September 15, 2015, the Defendant issued to D a forged real estate lease agreement under the name of E, such as the foregoing 2-A, in order to borrow money from D in the above tenant bank.

Accordingly, the defendant exercised a forged private document.

3. Fraud;

A. On January 31, 2015, the Defendant issued a lease agreement and a loan certificate under the above paragraph (1) to the victim D, and received KRW 3 million on the day from the victim, while delivering to the victim a lease agreement and a loan certificate under the above paragraph (1).

However, in fact, the deposit under the above 1 lease contract was not 13 million won but 3 million won.

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