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(영문) 서울중앙지방법원 2015.07.22 2014고정5357

사문서위조등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant sold to F on October 7, 201, 200,000,000 won forest land in Gyeyang-gu, Youngyang-gu, Seoul, which purchased from D and did not pay any balance, to F on October 7, 2011, and paid 30 million won the down payment from F on the same day, but F did not prepare part payments at the date of the intermediate payment.

On October 31, 201, the Defendant and F drafted a sales contract by changing the intermediate payment and the remainder payment date. On the same day, F paid an intermediate payment of KRW 300 million, but on December 28, 201, F did not pay the remainder KRW 420 million.

Accordingly, the Defendant and F agreed to cancel the above sales contract on February 3, 2012, and the Defendant agreed to return the intermediate payment of KRW 300 million to F in return for the intermediate payment of KRW 300 million.

On the other hand, on February 20, 2012, the Defendant paid a balance to D, and completed the registration of transfer of ownership with respect to the above forest land.

On February 2, 2012 or on March 2, 2012 after the cancellation of the above contract, the Defendant entered into a re-sale contract with F with F as KRW 710,000,000,000,000 which remains after deducting the said KRW 300,000,000,000,000 was paid by F, the Defendant agreed to transfer the ownership of the said forest land and agreed to transfer the ownership of the said forest and received KRW 5,00,00,000,000

However, the F did not pay any balance, and on April 11, 2013, the F demanded the Defendant to return the said amount of KRW 300 million based on the above loan certificate and filed a claim suit against the Defendant on October 21, 2013.

The Defendant, upon filing a written objection on October 28, 2013, did not pay the remainder of KRW 300 million in the event that the said KRW 300 million falls under the sales contract deposit and the F did not pay the remainder, with the intention to waive the said KRW 300 million.

around October 28, 2013, the Defendant’s “H” that is known to the Defendant in Eunpyeong-gu Seoul Metropolitan Government, is called the “Real Estate Share Declaration.”