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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal is that the victim E was aware of the defendant as the principal owner of the interest real estate, F, L was aware of the fact that the defendant leased the loan of this case to E, and E was deposited into the account in the name of the defendant's family members. In light of the fact that the defendant deceptioned E as stated in the facts charged, acquired the deposit of the lease of the lease of the lease of the real estate in the name of F without authority, and used it by preparing a real estate lease contract in the name of E without authority and delivering it to E as genuine.
Judgment
On June 201, the Defendant, at the real estate brokerage office located in Dobong-gu Seoul Metropolitan Government, said that “The Defendant would allow the victim E to reside in the lease deposit amount of KRW 70 million at the former time under F’s name, and return the lease deposit upon the expiration of the lease contract at the time of the expiration of the lease contract.”
However, the above G Building 501 was established with the maximum amount of KRW 156 million, and the defendant did not have any intention or ability to return the lease deposit to the victim upon the expiration of the lease term even if he received the deposit from the injured party.
Nevertheless, as above, the Defendant: (a) entered into a real estate lease agreement with the victim to deception the victim; (b) entered into such agreement; (c) around June 27, 201; (d) KRW 49 million with the single credit cooperative account in the name of H, mother on June 27, 201; (e) KRW 10 million with the bank account in the name of Dong Jae-in on June 29, 201; and (e) KRW 6 million with the bank account in the name of I on June 30, 201, respectively.
On June 201, the Defendant forged private documents by using computers for the purpose of utteringing them at a non-permanent place on June 201, in the column of land located in the real estate lease contract form, “Dolman,” “Dolman,” “Dolman,” and “Dol million” in the contract column.