특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
A Imprisonment for two years, and Defendant B shall be punished by a fine of 3,000,000 won.
Defendant
B The above fine.
Punishment of the crime
Defendant
A was the owner of F apartment 102 Dong 1304, Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is a licensed real estate agent who is engaged in real estate brokerage in the name of “H real estate” in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the Defendant A was acting as an intermediary when concluding a contract to lease the above apartment to I for KRW 450 million around February 3, 2010.
1. Defendant A’s joint crime requires the submission of the documents to the company it operates, and Defendant B requested Defendant B to prepare a written contract as if the deposit for the lease deposit of I, the tenant of the above apartment complex, was 200 million won. Defendant B accepted Defendant A’s request and subsequently indicted Defendant B on or around February 23, 2011 on the basis of Defendant A’s statement, but the said written lease contract was concluded on or around April 201, 201.
On the other hand, the date and time of the crime is not a requirement for specifying the facts charged, and even if it is recognized differently for the same facts charged, it is not necessarily required to change the indictment, and if the court recognizes the facts charged and basic facts are the same in the facts charged, and if it is not likely that the exercise of the defendant's right of defense may not result in a substantial disadvantage, it may be recognized somewhat differently without
(See Supreme Court Decision 92Do1824 delivered on October 27, 1992, etc.). In this case, all the Defendants confessioned the forgery of the above lease agreement itself, and do not seem to have committed any forgery other than the forgery of the above lease agreement. Thus, even if the amendment procedures are not followed, there is no concern that the Defendants’ exercise of their right to defense may be disadvantaged.
Therefore, the time when the crime of forgery is committed is somewhat somewhat different from the indictment.