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(영문) 부산지방법원 2015.08.20 2015고단473

사문서위조등

Text

The accused shall be innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is a licensed real estate agent running the D Licensed Real Estate Agent Office in Busan City and Seo-gu, and around September 14, 2012, G, the representative director of F Co., Ltd. (hereinafter “F”) of the F Co., Ltd. (hereinafter “H”), purchase and sale of real estate in the amount of KRW 8,76,00,000 from I, the representative director of H Co., Ltd. (hereinafter “H”), the owner of the above land, and paid KRW 10,00,000 as an arrangement commission around April 15, 2013. However, the Defendant did not receive KRW 78,894,00 (8,766,000,000,000) (hereinafter “F”) x 908,000 won which was not prepared at the time of concluding the real estate sales contract, and received the forged description and description of the above real estate brokerage commission and received the remaining judgment from the court.

On September 14, 2012, the Defendant: (a) stated “F” in the column for the purchaser’s name of the paper for confirmation and description of the object of brokerage, stating that the commission for brokerage of real estate transaction as above is KRW 78,894,00 (8,766,000,000 x 0.9%) at the H office located in the jurisdiction of the Si/Gu, Busan; and (b) affixed the seal of the representative director of the said juristic person who was in possession of the following reasons.

Accordingly, the defendant forged a copy of confirmation and explanatory note of the object of brokerage in the name of the F representative director, which is a private document concerning the certification of facts.

B. On January 10, 2014, the Defendant filed a civil suit against F to claim KRW 68,894,000, excluding KRW 10,000,000, which was already paid out of KRW 78,894,00,00, at the Busan District Court’s general civil petition office located in 31,00, the Busan District Court held that the Defendant used the above brokerage object confirmation and explanatory note as above, together with the written complaint, as if it was duly constituted.

(c)an attempted fraud;