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(영문) 광주지방법원 순천지원 2014.05.15 2013고합202

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, each of the forgery of private documents and the uttering of falsified investigation documents.

Reasons

Criminal facts

The Defendant is the representative director of G Co., Ltd., the owner of the apartment house F in Jeonnam-gun E, who is the owner of the owner of the apartment house “F,” and the Defendant is 32 square meters from November 201, 205, hereinafter referred to as “32 square meters” with respect to F.

26 households, 100.4 square meters, Gu 30 square meters, hereinafter referred to as "30 square meters."

The sales advertisement was made with the content that "13 households, 4 million won per square," "4 million won per square."

Since administrative practices related to the construction and housing have been established that does not include the balcony area (service area) in the exclusive use area of multi-family housing when selling multi-family housing, multi-family housing buyers shall not arbitrarily calculate the balcony area to the exclusive use area and conclude a sales contract without notifying the buyers.

Nevertheless, with the knowledge that the actual exclusive area of 32 square-type apartment is 59.964 square meters and 30 square-type apartment buildings with the actual exclusive area of 59.8206 square meters, the Defendant, despite of the fact that the actual exclusive area of 32 square-type apartment buildings is 59.8206 square meters, had the exclusive area of 32 square-type apartment buildings with the exclusive area of 83.8964 square meters and 30 square-type apartment buildings with the exclusive area of 78.

On November 11, 2011, the Defendant entered into a sales contract with the victim H and F 803 square meters for exclusive use (25.4 square meters), 21.4075 square meters for public use (6.5 square meters), 105.3039 square meters for sale area (32 square meters), and 130 million won for sale in lots.

However, in fact, the above exclusive use area is included in the balcony area of 83.8964 square meters, and the actual exclusive use area is limited to 59.964 square meters.

As such, the Defendant, by deceiving the victim H, received KRW 130 million in total from the victim H on November 11, 201, the down payment of KRW 13 million on December 12, 201, the intermediate payment of KRW 77 million on January 10, 201, and the remainder of KRW 40 million on May 23, 2012, as the sale price.

In addition, the Defendant’s list of offenses from November 201 to April 2013, 201 by the aforementioned method.

1.The sale price shall be the sum of 2.5 billion won from 20 victims, such as the statement.