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(영문) 부산지방법원 2013.09.05 2013고정3298
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 20, 2006, the Defendant changed a private document to enter “one million won of the deposit money” in the middle of “one million won of the deposit money by using a verification color pen in a real estate lease contract made between a lessor B and a lessee C at an infinite location.

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

2. On September 24, 2008, the Defendant: (a) delivered the modified real estate lease agreement as if it was a document duly formed, to E, who knew of the above alteration, under Article 101 1301 Dong-gu, Busan Metropolitan Government D building 101; and (b) exercised it.

3. On the same date as in the preceding paragraph, the defrauded presented one copy of the real estate lease contract altered as above to the victim E at the “H” store located adjacent to the G hotel located adjacent to the Busan Jin-gu, Busan, and by “a loan of KRW 15 million operating funds related to the unsold apartment unsold in lots, which is offered as security,” and by deceiving the victim E as if the deposit for the above lease contract is legitimate money.

The Defendant received the amount of KRW 10 million from the Busan Bank account (Account Number: J) in the name of the victim who was accused of such fraud.

Summary of Evidence

1. E substitute part of the police interrogation protocol against the defendant

1. The first police interrogation protocol regarding C:

1. Statement to E by the police;

1. A factual certificate or a certificate of borrowing;

1. Application of Acts and subordinate statutes to a real estate lease agreement;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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