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(영문) 서울중앙지방법원 2016.06.29 2016고단2225
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 8, 2012, the Defendant was sentenced to imprisonment for 2 years of probation and 80 hours of community service order on August 17, 2012, due to a violation of the Act on the Punishment of Acts, such as Intermediation of Commercial Sex Acts, Etc. (remediation of commercial sex acts, etc.) in the Vice-Support of the Incheon District Court.

[Criminal Facts]

1. On October 1, 2010, in order to obtain a loan from a credit service provider as collateral a written apartment lease contract at an unspecified place, the Defendant forged private documents, stating in the real estate indication column for the apartment lease contract form, “Seoul-si B, Gyeonggi-do, No. 301 Dong 612, No. 612, No. 301, No. 701, No. 601, No. 701, No. 301, No. 701, No. 4, and E” in the lessor column, the Defendant arbitrarily affixed the stamp stamp on the E’s name, and marked in the brokerage column, “F building 102, name of office G certified intermediary, representative H, and telephoneI”, and affix a seal arbitrarily affixed on the name next to the name of H.

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

2. On October 1, 2010, the Defendant exercised the said investigation document by presenting the forged real estate lease agreement to K, who is aware of such forgery at the front of the Gwanak-gu Seoul Special Metropolitan CityJ, as if it were genuine.

3. The Defendant, at the same time and place as the above 2 paragraph, proposed a copy of the forged real estate lease agreement as security to the victim K, thereby deceiving the Defendant as if it was duly formed.

The defendant was transferred 9.4 million won to the account (Account Number L) of foreign exchange bank in the name of the defendant on the same day from the person who was accused as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The lease contract for the apartment;

1. Promissory Notes 1.

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