사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) is that the court below acquitted the defendant on the grounds of the former statement of C, which reversed the defendant's previous statement in the court of original judgment, but C has proved the forgery of the defendant's conscience declaration at the investigative agency. As such, C's statement in the court of original judgment is highly likely to give perjury. Therefore, the court below erred in the misapprehension of facts and adversely affected the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. (1) Around June 10, 2011, the summary of the facts charged in the instant case is as follows: (a) at the office of Gangdong-gu Seoul E Co., Ltd. around June 10, 201; and (b) “Real Estate sales
(a) Real estate indication;
1. F site 1,214 square meters in Seocheon-si, Gyeonggi-do;
2. G site: 444 square meters in Seocheon-si, Gyeonggi-do;
3. 5 stories, parking lots and neighborhood living facilities, and accommodation facilities, 96.3 square meters, 2 stories, 31.91 square meters, 31.91 square meters, 31.91 square meters, 31.91 square meters, 31.91 square meters, 31.91 square meters, 31.91 square meters, 31.91 square meters, 33338.62 square meters, and 338.62 square meters;
4. H site 334 square meters in Seocheon-si, Gyeonggi-do;
5. 130/226 of the area of 113 square meters of I site in Seocheon-si, Gyeonggi-do;
(b) the terms of contract;
1.The sale price shall be one hundred and fifty-five billion won worth (1,850,000,000) and shall be received as follows:
2. Where the buyer, before the remainder payment date, wishes to obtain a loan on the real estate as security, the seller shall immediately provide the real estate as security and receive any balance from the simultaneous loan institutions;
3.The seller shall deliver to the buyer such real estate at the same time as the balance has been received;
4.Reversion of the profits generated in respect of this real estate and taxes and public charges shall be due and payable by the seller as of the date of delivery;
5. Other matters shall be governed by general practices.
On May 24, 2011, the seller prepared and printed the "J, K" at the Yangju-si of Gyeonggi.
After that, the defendant, C, and D have prepared in advance following the name of K as stated in the name column of the seller.