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(영문) 부산지방법원 동부지원 2017.08.09 2017고단739
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

1. On September 10, 2013, the defrauded stated that the Defendant would lease the right to manage the parking lot if the Defendant purchased the said C building from the victim E to the effect that he/she would take over the said C building and lease the parking lot to the victim in the said building, and that the Defendant would lease the right to manage the parking lot if he/she borrowed money out of the acquisition fund because he/she could take over the C building after a week.

However, at the time of fact, the defendant did not have the intent or ability to acquire the above C building due to the lack of funds such as the lack of bid deposit for the above procedure for public sale of the building. Even if the defendant borrowed money from the damaged party without the legal authority to lease the parking lot in the above building, he did not have the intention or ability to lease the above parking lot

On September 10, 2013, the Defendant received a total of KRW 100,000 from the damaged person to the Saemaul Treasury account in the name of the Defendant and received KRW 30,000 from the time to July 10, 2014, a total of five times in the same manner as the list of crimes in the attached Table from July 10, 2014.

2. On April 16, 2014, the Defendant forged a private document: (a) at the F Office of the F Office of the Co., Ltd. located in the 13th floor of the building, Suwon-gu, Busan; (b) notwithstanding the absence of the consent or delegation from the F representative G, the owner of the building, to conclude a contract for the management of the 1,2nd floor parking lot of the building, the Defendant, without authority, affixed the corporate seal impression of F Co., Ltd., Ltd., the Defendant, with a pre-printed parking lot management contract in the name of the company in the name of the company, “(State F) F,” and “G in the representative column,” with a pre-printed parking lot management contract in the name of the company and the name column and the representative column, arbitrarily

Accordingly, the Defendant forged a copy of the parking lot management agency contract in the name of F, a private document related to rights and obligations.

3. Exercising the above investigation document.

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