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(영문) 인천지방법원 2012.11.29 2011고단6409

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 2, 2012, the Defendant was sentenced to a suspended sentence of three years and six months of imprisonment for fraud, etc. at the Incheon District Court on February 2, 2012. The judgment became final and conclusive on October 11, 2012.

【Criminal Facts】

Around 2006, the Defendant entered into a construction construction contract with three owners of land, G, H, I, etc. in Seongbuk-gu E and F, Seongbuk-si, Sung-si, Sungnam-si. The contract was to build a new building on the said land with the Defendant’s funds, but the Defendant and three owners of land, including G, who are the contractor, have divided the share of the completed building by 50%.

Specifically, completed buildings are buildings with 201, 202, 301, 302, 401, 402, 402, 501, and 502, and eventually, the Defendant had 4 rooms, and G had 2 rooms, H 1 rooms, and I had 1 rooms.

On May 2007, the Defendant prepared a contract document stating the above purport with G, and the Defendant, the contractor, pursuant to Article 25 of the contract document, entered the completion inspection and arranged that the construction cost may be claimed to G.

G et al. completed a completion inspection on May 201, G et al., and G completed a registration of preservation of ownership in the room of 201, 301, 401 and 501.

G for two rooms (No. 201, No. 401), the Defendant’s shares (No. 201, No. 401), on June 27, 201, the G completed the registration of ownership transfer in the name of J for 201 and in the name of K for 401.

1. On August 2008, the Defendant forged private documents: (a) indicated the “real estate indication” column in the “real estate indication” column in the sales contract to the non-permanent area on the date of August 2008; (b) stated the G personal information in the “Seoul-nam Si Change E202” and “A” column; and (c) sealed the G’s seal held in advance on the name of G.

On August 20, 2008, the Defendant revised the “real estate indication” of the above sales contract to the “Seoul-gu Revised E 301, Seongbuk-gu, Sungnam-si.”

The defendant is therefore entitled to exercise.