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(영문) 대구지방법원 김천지원 2016.02.04 2015고단1204

준사기등

Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 26, 2012, the Defendants, as E’s relatives, conspired to register ownership transfer under the name of the Defendants with the knowledge of the fact that the Defendants had no ability to distinguish normal things from E, such as receiving hospitalized treatment from Galpsic hospital in the Galpsic hospital located in Kimcheon-si, as a result of alcohol use loss, after forging the power of attorney and a gift contract under the name of E, and then to register ownership transfer of H forest land 26,975 square meters (a approximately 8,160 square meters) owned by the victim.

1. Forging a private document;

A. On October 14, 2014, the Defendants were in possession of the proxy form stating “A (M) 1/2 of the entire ownership of H H 26,975 square meters in the real estate indication column; “The gift on October 14, 2014; “transfer of ownership” for the purpose of registration; “E (K) 1/2 of North Do Kimcheon-si L”; and “A (M) 1/2 of North Do Kimcheon-si in the registration administrator column” on the proxy form stating “A (M) 1/2 of North Do Kimcheon-si in the registration administrator column”; and “N in the registration holder column” on the proxy form stating “A (M) 1/2 of North Do Kimcheon-si in the registration holder column.”

The E's seal imprint also forged a letter of delegation in E name by allowing E to affix a seal to E.

B. The Defendants, in the indication column of real estate in the same date and place as the above paragraph (a) above, shall prepare a written contract and affix their respective names in order to prove this fact, as the Defendants agreed to donate the capital increase to A, which is owned by the donor of real estate in the above-mentioned manner, as the donor of real estate, who is the owner of E, and agreed to donate the capital increase to A, in the content column.

“.” In the donorland “E (K) 1/2, North Do Kimcheon-si L,” and in the donee column “A (M) 1/2, North Do Kimcheon-si N,” the donor was held for the reason that it is necessary to permit O to fell the above forest land on the gift contract form “E” and “A (M) 1/2, North Do Kimcheon-si N.

The E's seal imprint also forged one copy of the E's gift agreement by having the E seal imprint the E.

(c).