beta
(영문) 의정부지방법원 2017.10.10 2017고단1355

사기미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Basic Facts

On March 22, 2010, while maintaining a de facto marital relationship between C and D from around 192 to around 18 years, the Defendant entered into a settlement agreement with the effect that “The real estate ownership in the name of the Defendant formed in the de facto marital relationship between C and the Defendant shall be transferred to C’s children D and E, and the Defendant shall thereafter raise any objection or file a lawsuit regarding the house transferred to E and D.”

Defendant transferred ownership to E with respect to No. 1 of the F underground floor F in Seongbuk-gu, Sungnam-gu, Gyeonggi-gu according to the above contract, and the ownership transfer was based on the form of sale and purchase.

On October 6, 2014, around December 24, 2014, the Defendant: (a) stated that the cause for registration of the said real estate was a “sale”; (b) stated that “A purchase price is not paid even after the transfer of registration after the purchase and sale contract was made on March 2010; (c) stated that “A purchase price is paid by January 2015; and (d) stated that the Defendant filed a civil lawsuit by means of the proof of the said content and the written report of the contract for real estate transactions and received a favorable judgment.

Criminal facts

1. On January 24, 2015, the Defendant altered official documents, preparing materials to be submitted to the Defendant in his/her residence in Gangwon-gun G, Gangwon-gun, and discovered the fact that the details of the date and time of the contract proving the contents do not coincide with the date of the contract on the completion of the report on the transaction of real estate transaction, in a manner that does not coincide with the date of the contract on the completion of the report on transaction of real estate.

Therefore, in order to make the Defendant appear to have a sales contract existing by complying with the contents of the contract and the date and time of proof of the contract stated in the written report of the contract for real estate transactions, the Defendant is the name of the head of the post office, which is a public document, in the name of the head of the post office using the number 3 of the portion in the certificate of delivery of postal items proving the content he/she possessed as “not later than March 2010,” and using the number 1 written in black-type 1.