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(영문) 서울북부지방법원 2013.11.08 2012고단2074
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 22, 2010, the Defendant, at the Defendant’s house located in Dongdaemun-gu Seoul Special Metropolitan City, prepared a real estate lease contract for the purpose of offering it as security, and exercised the real estate lease contract, which is a private document concerning rights and obligations, for the purpose of using D’s seal and seal, stating the lessor’s personal information in the entire lease deposit amount, and then forging the real estate lease contract for the purpose of using D’s seal and seal. On the same day, the Defendant issued the forged real estate lease contract to the victim E, who is not aware of the forgery at the coffee store in Dongdaemun-gu Seoul Metropolitan City, Dongdaemun-gu, as seen above, as if it was duly constituted.

2. Fraud;

A. On April 1, 2010, the Defendant received 4.510,00 won from the victim to the passbook of the Korea Exchange Bank from the victim and acquired it by transfer from the victim, even though the Defendant did not have any special property or income, and only borrowed money, and even if he borrowed money, the Defendant did not have the ability to repay the money.

B. On April 22, 2010, the Defendant presented a forged real estate lease contract as security, as described in paragraph (1), to the victim E, stating that “a total of KRW 15 million prior to the loan of KRW 15 million to provide a charter contract as security shall be repaid by no later than August 30, 2010,” and that he/she acquired the above passbook from the victim to the above passbook.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. A detached house lease contract, a detailed statement of account transactions, a notice of assignment of claims, and application of statutes;

1. Article 347 (1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the facts constituting a crime (the point of fraud).

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