beta
(영문) 서울중앙지방법원 2015.08.13 2014고단8749

사문서위조등

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 June 15, 2007 and around June 15, 2008, the Defendant entered into a sales contract with C to purchase KRW 1.89 billion in the area of Suwon-si Line D, E, F, G land, and buildings on the land owned by C, and to pay KRW 1.16 billion in the remainder of the purchase price. < Amended by Presidential Decree No. 20348, Aug. 20, 2009>

However, the balance of the purchase price is that the defendant newly constructed and sold a multi-household building in the future, and pays it as the purchase price, but the registration of preservation of ownership was made in the name of C on the newly constructed multi-household building in order to secure it, and the seller bears all the taxes and expenses incurred during the period from the construction of multi-household house to the transfer of ownership.

However, as the Defendant failed to newly construct a multi-household house by August 20, 2009, which was the remaining payment date, and could not pay any balance, the Defendant agreed with C on August 25, 2009, that “The remaining payment date of KRW 700 million, which was extended on December 31, 2010 and paid additional interest KRW 200 million,” and again, around August 25, 2009.

The Defendant: (a) constructed four multi-households with “H” from around 2009 to June 201; (b) sold one of them; (c) sold 18 households among three Dongs (9 households per unit, 27 households), but did not pay C the balance of the purchase price and interest on the delayed payment; (d) the Defendant borrowed the said H as security in the name of C and did not pay interest on the loan.

C around September 14, 2012, registered the ownership of H 501 and 502, etc. which have yet to be sold, and 9 households such as H 501 and 502, which have not yet been sold, and 5 households such as H 401 and 402, which are the public room due to the payment of the balance, and 14 households' entrance entrance and exit number were changed and attached to the entrance control mark.

2. Criminal facts;

A. The fact that the sale contract Nos. H 401 and 402 is based on forgery and event (1).