beta
(영문) 서울북부지방법원 2015.10.28 2015고단1711

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Crimes concerning the sale of land owned by B;

A. A. Around August 2010, the Defendant was willing to acquire the purchase price by deceiving the land owned by B from the victim C (Grade 3 with mental retardation disorder) who met with the introduction of the land manager around August 2010.

Around August 9, 2010, the Defendant concluded that, “The Defendant,” in the EM coffee shop located in Gangnam-gu Seoul, Seoul, said that “The Defendant was the owner of Fancheon-si Fancheon-si Fancheon-si Fanland with good land, and was scheduled to enter the station around it, so the land value is sing down. The Defendant would be able to see a large gain as soon as possible.”

However, in fact, the owner of the above land was not B but B, and there was no sales authority for the above land.

The defendant deceivings the victim as such, and up to one million won as the contract deposit for land trade in the same day from the victim, and the same year.

8. Around 26.26. The sum of KRW 13 million was remitted to the bank account in the name of the Defendant as a balance of land transactions.

B. At the time, at the same time, at the place, as described in the preceding paragraph, the Defendant: (a) indicated in the “Land Sales Contract” form in which he had held as if he was a landowner B; and (b) affixed B’s seal in the name of B prepared for the seller’s name, stating in the seller’s column “B” the “Scheon-si F”, “forest” in the area column, “70,000 square meters” in the column of land size; (c) “70,000 square meters” in the usual price column; and (d) indicated in the seller’s column “B” as “B”.

Accordingly, for the purpose of exercising, the Defendant forged a land sales contract in the name of B, which is a private document on rights and obligations.

C. The Defendant’s uttering of the above investigation document is a document that duly formed a sales contract for the land that was forged to the above C, who is aware of the forgery at the date, time, and place under the preceding paragraph.