beta
(영문) 창원지방법원 2017.12.21.선고 2017고단3692 판결

가.사기나.자격모용사문서작성다.자격모용작성사문서행사

Cases

2017 Highest 3692 A. Fraud

(b) Preparation of qualification specifications and private documents;

(c) Exercising qualification documents;

Defendant

A

Prosecutor

Freeboard (prosecution) and Kim Jong-ray (Public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

December 21, 2017

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

The Defendant had the intent to arbitrarily sell 5,679 square meters prior to D prior to Jeju-si, one’s own mother, and acquired the price by fraud.

1. Fraud;

Around January 28, 2016, the Defendant made a false statement to the victim F F, who was aware of via a telephone via the e-authorized intermediary located in the city of Gyeong-gu (hereinafter referred to as the “Seoul”) from the Gyeong-gu (hereinafter referred to as the “Seoul”) to sell the land to KRW 170 million. However, the Defendant was not the actual owner of the above land, and there was no delegation from the owner C to sell the land. Therefore, even if the purchase price was paid by the victim, the Defendant did not have the intent or ability to transfer the land ownership to the victim.

Nevertheless, the Defendant received KRW 50 million as the down payment around January 28, 2016 from the victim, and KRW 14 million as the intermediate payment around March 22, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. Preparation of qualification documents, qualification-certified private documents and display of qualification-accredited private documents;

At around 15:30 on March 30, 2016, the Defendant: (a) requested the buyer of the said real estate to prepare a real estate sales contract; (b) at the H Licensed Real Estate Agent Office G located in Chungcheongnam-gun, Chungcheongnam-gun; and (c) on the basis of the fact that the Defendant was delegated the authority to sell the said real estate by C, the Defendant sent from the director of the Jeju E Licensed Real Estate Agent Office the FAX to the above FAX, stating “K and name column” in the address column of the seller’s representative item of the real estate sales contract, which was received through FAX, “K and name column” and affixed his/her seal on the following. The Defendant sent the real estate sales contract, which was prepared with the recognition of the agent qualification, to the above FAX, regardless of the fact that it was duly established.

Accordingly, the defendant, who is a representative of C, prepared a copy of the real estate sales contract, which is a private document concerning rights and duties, and exercised it.

Summary of Evidence

Defendant’s legal statement

o Statement of the police against F and C

○ Head of the accusation

○ Real Estate sales contract

○ Application of the Act on Account Transactions

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Fraud), Article 232 of the Criminal Act (Preparation of Private Document for Qualification) and Articles 234 and 232 of the Criminal Act (Use of Private Document for Qualification) / Selection of Imprisonment

2. Aggravation for concurrent crimes;

Determination of sentence under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

10 months of imprisonment: Crimes committed by conclusive defraudation, full recovery of damage, majority of the records of the same crime (three times of fine, one time of suspended execution), recognition of crimes and reflects;

Judges

Judges Lee Byung-hee