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(영문) 대구지방법원 안동지원 2017.07.07 2016고단761
사기미수등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

On December 10, 2009, the Defendant: (a) concluded a writing-type contract with D and D, the owner of the building C above ground, without a deposit, with KRW 4.5 million a year rent of KRW 1,50,000 a year; and (b) began to delay the payment of rent from around 2015 during the renewal of the contract each year; (c) in spite of the fact that he did not have concluded a lease deposit or a lease contract with D; and (d) attempted to defraud the deposit amount of KRW 25 million by forging the lease contract in the name of D.

1. From March to April, 2014, the Defendant forged private documents, operated by the Defendant in Ansan-si, Dong-si, Dong-si, on the paper of a real estate lease agreement, entered “Seoul-dong, Dong-dong,” “Seoul-dong,” “Seoul-do,” “Seoul-do,” “FTT, resident registration number, G phone number, H, and nameD” in the lessor column, and affixed the Defendant’s seal impression in custody of D’s name following D’s name.

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

2. Around March 8, 2016, the Defendant attempted to obtain, by deceiving the victims to the effect that, in light of the foregoing investigation document’s events and fraud, the aforementioned written lease agreement was presented to the victims who are not aware of the fact that the victim I who is a bereaved family member of D, and the victim J would pay a rent in an enclosed amount of KRW 25 million,00,000,000,000,000,000,000 won was paid to D around November 24, 2012, but the Defendant attempted to obtain, by deceiving the victims, the amount of the deposit equivalent to KRW 25,00,000,000,000,000 is attempted. However, the victims suspected as to the authenticity of the written lease agreement were not committed by refusing to pay the deposit and attempted to do so.

Accordingly, the defendant is trying to exercise the written lease contract in the name of forged D, and to deceiving victims and defraud 25 million won, but he attempted to commit it.

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