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(영문) 부산지방법원 2018.05.09 2018고단1072
사기등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

Reasons

Punishment of the crime

Defendant

B and A have been residing in Defendant B with Defendant C, a borrower, as well as Defendant C.

H, as Defendant A leased the instant apartment 105, 702, 105-dong 702 (hereinafter “the instant apartment ”) owned, Defendant A prepared a false lease agreement under the name of H, and used it to obtain a loan by applying for a loan to Defendant A’s new bank under the name of Defendant A (hereinafter “new bank”).

1. On October 2016, Defendant B entered “A” in the column in which the leased site was located, stating “105 Dong 702,” “10,000,000 won,” “one million,000 won” in the contract deposit column, “J” in the lessor name column, “H” in the lessor name column, and “A” in the lessee’s name column. The name was affixed to H’s name on his own name. Defendant A signed on the side of his name.

Accordingly, the Defendants forged the lease agreement in the name of H, which is a private document on rights and obligations, for the purpose of uttering in collusion.

2. After receiving the above forged lease contract from Defendant B at the above date, at the above time and place, Defendant C was found to the authorized broker L operated by the K office, and requested that the above lease contract be sealed by the broker and affixed the seal to the broker, Defendant C was affixed the seal to the broker column of the above lease contract, and then the above contract was affixed again to Defendant A.

Defendant

A around October 20, 2016, at the new bank N points located in the Busan Metropolitan Government M building, requested for a loan of the entire loan to the O who is a person in charge of loan affairs and submitted the lease agreement.

As a result, the Defendants conspired to use a forged lease agreement in the name of H.

3. The fraud of Defendant A is at the N branch of the above new bank around October 20, 2016, and the fact is between H and H.

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