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(영문) 인천지방법원 부천지원 2015.03.27 2014고단3309
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 20, 2010, the Defendant forged private document: (a) stated that “Seoul Seongdong-gu D apartment 118-205” in the column for the location of real estate using printed real estate lease contract form, “Seoul Seongdong-gu D apartment 118-205” in the column for the location of real estate; (b) 20 August 20, 2030 in the term column; and (c) written the name and resident registration number of C in the lessor column and the name of C, and marked C’s seal that the Defendant had stolen in advance on the name of the lessor.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract in the name of C, which is a private document on rights and obligations.

2. On August 3, 2011, around August 3, 2011, the Defendant submitted a forged lease agreement as prescribed in paragraph (1) to the 2-dong Office, Seongdong-gu, Seoul, to obtain a fixed date under the Housing Lease Protection Act, and exercised it as if it were actually established to the public official in charge of the forgery.

3. On August 12, 2014, the uttering of a falsified investigation document, and the Defendant attempted to commit fraud, at the Dong-gu District Court’s comprehensive civil petition office located in the Dong-dong of the Government-Si, the Defendant filed a lawsuit against C to claim the division of property of KRW 143,00,000 (26) and attached to the written lease agreement as stipulated in paragraph (1), and submitted the forged lease agreement to the public official in charge of receiving documents of the said court who is aware of the forgery.

Accordingly, the Defendant intended to acquire property benefits equivalent to KRW 143,00,000 by deceiving the above court division, but Defendant C, the victim, actively responded to the above lawsuit, thereby having attempted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. A complaint, a real estate lease contract, a claim for division of property, and a petition for division of property;

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