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(영문) 서울남부지방법원 2018.09.20 2018고단3866
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 19, 2015, at “D” shop located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant said that “A victim E included a deposit of KRW 50 million in G in the G in the territory of Yeongdeungpo-gu Seoul Metropolitan Government, and is operating the G in the course of operating the said house, and the costs of the leisure are required to lend KRW 5 million, as it is required to pay the leisure fee.”

However, in fact, the Defendant was operating the said G in the condition that only monthly rent is paid without a deposit, and the Defendant was able to invest the borrowed money from the damaged party in a multi-level company or to use it in repayment of the personal loan. Since there was no particular property at the time, there was no intention or ability to repay the borrowed money even if it was borrowed from the damaged party.

As above, the Defendant: (a) by deceiving the victim; (b) received 5 million won from the victim to the Saemaul Treasury account (H) in the name of the Defendant on the same day from the victim; and (c) received the remittance of 5 million won under the name of the Defendant; and (b) received a total of 8,985 million won from December 3, 2015 to September 6, 2016, as indicated in the list of crimes in the separate sheet of crimes.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On June 2016, the Defendant: (a) received a demand from GF located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for the display of I’s boarding lease agreement; (b) he leased KRW 30 million, even though he leased the I’s boarding of KRW 20 million; (c) the Defendant leased the I’s boarding of KRW 20 million.

E In the location column of the location of the land by using the weighing tool on the paper of the real estate lease contract prepared in advance for the purpose of hiding false words to E, stating the “Seoul Yeongdeungpo-gu Seoul Metropolitan Government J, the deposit column “Tcheon-gu,” “K” in the lessor column, and “L” in the resident registration number column, affixing the seal of the above site in the name of K which was arbitrarily new on the back to the lessor’s name, and then presenting the forged real estate lease contract to E as if it was duly formed.

The defendant is entitled to exercise.

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