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(영문) 서울동부지방법원 2015.05.14 2014고단3347
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. Around April 2012, the Defendant altered private document: (a) on March 20, 2012, at the office of the Defendant located in Seongdong-gu Seoul Metropolitan Government 2nd floor; (b) on March 20, 2012, “this hundred million won” was changed to “one hundred and twenty million won”; (c) “200,000,000” was changed to “120,000”; (d) the amount of the intermediate payment column was deleted; and (e) the amount of the intermediate payment column was deleted to “40,000,000”; and (e) the amount of the balance column was “one hundred and twenty million won” to “Tcheon Man (80,000,000)”; and (e) the remainder column was changed to the amount of the deposit column of the real estate lease agreement entered into with the lessor D on June 10, 2012; and (e) each change was made to the name of the Defendant’s rights and obligations on the leased document.

2. Around June 1, 2012, the Defendant exercised a real estate lease agreement under the name of D, which altered as described in paragraph 1, with the knowledge of the alteration, in order to deceiving E, as described in paragraph 3, at the same place as described in paragraph 1.

3. The Defendant made a false statement to the victim E, at the same place as indicated in paragraph (1) at the end of April 2012, stating that “The Defendant would allow the victim E to use part of the second floor when concluding a contract on collateral on deposit with the deposit amount of KRW 40 million” and that “The Defendant would allow the victim E to use part of the second floor.”

6.1.Before the 12th day of the same month, the author showed a false statement of transactions that deposit KRW 80 million out of the above deposit.

However, in fact, the real estate lease contract, which the defendant shown to the victim, was modified as stated in Paragraph 1, and was not paid to the lessor D, and even if he received KRW 40 million from the victim, it was also paid.

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