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(영문) 서울중앙지방법원 2018.03.21 2017고정3495

사기등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 18, 2014, the Defendant prepared a private document for qualification gathering at the coffee shop located in Gangnam-gu Seoul Metropolitan Government (Seoul), and the fact was not delegated by D’s husband, the owner of the land, with the authority to sell the building to be constructed on the said site. However, even though he/she was not entrusted with the authority to sell the building on the said site, he/she entered the name of D’s seller, the seller’s representative, and the buyer’s representative (the seller’s representative) on April 18, 2014 in the indication column of the contract for the sale of the building to be constructed on the said C site, using a black tool for verification, “Type 5 stories, 35 million square meters in the contract area column,” “2.5 million won in the total sale price column,” “25 million won in the contract column,” and “A’s name and seal affixed to D’D’s representative (the seller’s representative).

Accordingly, for the purpose of exercising, the defendant prepared a copy of the sale and supply contract, which is a private document on rights and obligations, using the qualification of the agent of the above D.

2. The Defendant, at the same time and place as described in the foregoing paragraph 1, issued a sale supply contract, which was prepared by gathering D’s proxy qualification as above, as if it were genuinely formed, to F.

3. The Defendant, at the same time and place as indicated in the above paragraph 1, issued a sales supply contract prepared to the above victim F with the qualification of agent as above to the above victim F, and made a false statement to set off a part of the sales contract amount of KRW 25 million which reduces the sale of the above real estate against the claim of KRW 10 million against the defendant of the victim and the previous claim of KRW 15 million against the victim.

However, as above, the contract for the sale and supply of real estate was prepared by the defendant as a representative of D, and the defendant did not have the intent or ability to sell the above real estate to the victim.

The defendant deceivings the victim as such, and is also against the victim.