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(영문) 서울중앙지방법원 2016.01.21 2015고단6650
사기등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On May 25, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court on August 4, 2010, and the execution of the sentence was terminated at the Seoul Southern Southern District Court on August 4, 2010. On October 20, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Southern District Court on October 20, 2015, and the judgment became final and conclusive on November 17, 2015.

[2] The Defendant: (a) upon the request of the Defendant, paid KRW 20 million to obtain a loan from C; and (b) paid KRW 405,00,000,000 to be leased by C; (c) “A lessor’s 111-dong 11-dong 405, Seongdong-gu, Seoul; (d)” 230,000,000,000 won for a pre-paid lease contract; (c) was forged; and (d) was aware that F used a forged E’s resident registration certificate for the said apartment owner, the Defendant was able to obtain a loan in the name of C by taking advantage of the written lease contract as security.

In collusion with the above C and above F, at the certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government H building 505 around June 15, 2012, the defendant and the above C lend the written lease contract under the above E, which was held in advance by the victim, to the extent that they borrowed the written lease contract No. 111-dong 405 of D apartment, as security, and if they fail to repay it, they are responsible for E and pay 80 million won from the deposit repayment claim to 230 million won.

The phrase “F” is false, and the above F presented E’s resident registration certificate issued by the Ansan City Mayor with the aforementioned F’s photograph attached, which was carried as E.

Accordingly, the Defendant, in collusion with the above C and the above F, exercised as if he were a genuine document a resident registration certificate which is a forged public document and a lease contract which is a forged private document, respectively, and received KRW 80,000,000 as a loan from the injured party on the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G and I;

1. An apartment charter contract, receipt;

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