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(영문) 인천지방법원 2019.10.04 2019고단5804
사기등
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 May 2016, the Defendant forged private documents at the address of the Defendant located in Silung-si, the residence of the Defendant in Silung-si, and at the address of Silung-do, the Defendant arbitrarily stated the “C, Jeonse rent (deposit) column,” the “C, Jeonsese rent column,” the “C, Seocheon 7 October 2015,” and the “D” in the lessor’s name column. The Defendant voluntarily posted D’s seal produced at will following D’s name.

Accordingly, for the purpose of uttering, the defendant forged a lease contract in the name of D, a private document on rights and obligations.

2. On May 19, 2016, the Defendant: (a) borrowed KRW 4,750,000 from E, which knew of the forgery, in a mutually influorial restaurant located in Sinsi-dong, Sinri-si; and (b) exercised the lease contract as if it was duly formed.

3. On May 19, 2016, the fraud Defendant told the victim E to the effect that “I need to make a marriage soon and pay money. I wish to pay interest on the loan to the victim E. I. If I.F. “F.” operated by I.C., with a deposit of KRW 10 million, the Defendant would offer a real estate lease agreement as security.”

However, the fact is that the defendant used to lend the above loan to G, the defendant lent the above loan to the victim, and the remainder was the purpose of repaying the individual debtor. At the time, there was no intention or ability to repay the loan even if he borrowed money from the victim due to the debt of H and other lending businesses.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 4,750,00 from the victim to the I Bank Account (J) in the name of the Defendant on the same day, and received KRW 4,750,00 from the victim, and in such a manner, KRW 4,750,00 on May 27, 2016.

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