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(영문) 대전지방법원 서산지원 2017.02.17 2017고단9
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant was running a lodging business by leasing the “E” Moel located in Seosan City D from G, the owner of the “F and the mother of F,” and was instructed to urge the Defendant to pay his personal debt. As such, the Defendant was willing to rent the said building to the victim and to acquire the money by deceiving the victim H as if he was delegated by F by forging and using the said F’s real estate lease contract, power of attorney, etc.

1. Forging a private document;

A. On January 2015, the Defendant’s proxy forgery: (a) had a person without real estate intermediaries’s name enter “F” in the column where the real estate was located in the real estate subject to delegation by using an official approval color pen on the proxy form; (b) “All matters of the above real estate lease agreement” in the column for delegation; and (c) in the column of the delegating State, “Yedong-dong I Apartment-dong Incheon Metropolitan City, 104-402; and (d) had the name “F” and “F” in the column for resident registration number; and (e) had the Defendant posted the name next to the name.

F's seal was stamped.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of F, a private document related to rights and obligations.

B. On January 18, 2016, the Defendant forged a real estate lease agreement: (a) had a person without the name of the real estate broker enter “Ecom” in the column where the real estate is indicated by using the official approval color writing on the paper of the real estate lease agreement; (b) “Ecom in Seonam-do, Chungcheongnam-do, Chungcheongnam-do; (c)” in the column where the terms and conditions of the contract are indicated; and (d) “Fcom” in the column where the terms and conditions of the contract are indicated, the Defendant entered the name of the real estate broker in the column where the real estate was indicated; (b) KRW 00,000 (25,000,000); and (c) at the location of the lessor’s address, the Defendant entered the name of the Defendant in the column as “Fcom”, “Seoul apartment, 104, 402,” and “J” in the resident registration number column and the name of the Defendant

F's seal was stamped.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a real estate lease agreement in the name of F, a private document on rights and obligations.

(c)

A receipt shall be counterfeited.

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