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A defendant shall be punished by imprisonment for four months.
The defendant shall pay 38 million won to the applicant for compensation. The above compensation order shall be issued.
Reasons
Punishment of the crime
[Criminal record] On November 12, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on November 12, 2015, and the said judgment became final and conclusive on November 20, 2015.
[Criminal facts]
1. When the victim C who became aware of the forgery of a private document related to D room-related studio, the event of the above investigation document, and the fraud accused received a request from an authorized broker C to request the brokerage of the studio electric utility around August 2011 while working as a brokerage assistant at the authorized broker office, he/she received money from the victim C to receive the money as a security deposit after forging the contract and delivering it.
A. On August 23, 2011, the Defendant: (a) entered “D 303, North America-si; (b)” in the column for indicating real estate using the land for a real estate lease contract; (c) gold KRW 25,00,000 (Won 25,000,000); (d) in the column for deposit; (c) gold KRW 25,000; (d) in the column for rent,” in the column for a lessor, the Defendant affixed a seal to G in the name of the G, after entering “Y 305, I, and C, in the column for a lessor.”
Accordingly, for the purpose of exercising, the Defendant forged a copy of the lease contract in G name, which is a private document on rights and obligations.
B. In a place where it is not known to the police officer at the beginning of August 2011, the Defendant held the foregoing investigation document and the Defendant’s fraud made a false statement to the victim that “The studio to be contracted is the cause of monthly rent of KRW 80,000,000,000, and the Defendant would bear part of the monthly rent of KRW 25,000.”
However, in fact, the contract entered into with G, the main owner of the studio building, was the fact that the Defendant paid KRW 300,000 per month to KRW 10,000,000, and the Defendant was thought to obtain the difference of the money received as a security deposit after forging the lease contract by deceiving the victim.
Accordingly, on August 23, 201, the defendant deceivings the victim as above and defrauds 2.5 million won through the defendant's bank account (Account Number K) with the defendant's wife J name around August 23, 201, and cannot be known around August 27, 201.