beta
(영문) 대구지방법원 안동지원 2017.10.24 2017고단544

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[Criminal record] On September 25, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud, etc. at the Seoul Northern District Court, and the judgment became final and conclusive on October 3, 2014.

[2] The Defendant: (a) knew of the fact that the Plaintiff entered into a sales contract with the Plaintiff F (agent G) with respect to the Gyeonggi-gu Gyeonggi-gun D 300 square meters and E, 1,786 square meters (hereinafter “the instant real estate”); and (b) knew of the fact that the Defendant would have to reverse the contract as a matter of money after concluding the sales contract with the Plaintiff, the Defendant was willing to receive money from the victim by deceiving the Defendant to the effect that he would change the buyer from the Plaintiff to the damaged person under the instant real estate sales contract, thereby making the Plaintiff enter into a false real estate sales contract with the name of the seller and his agent.

1. On July 2014, the Defendant: (a) printed out “F” and the agent’s “G” on the instant real estate in which the seller entered as “F” and “G” for the purpose of uttering without the consent or approval from F and G; (b) stamped the seal of F at his/her discretion on his/her name; and (c) stamped the G’s personal seal arbitrarily inscribed on his/her name.

Accordingly, for the purpose of uttering, the Defendant forged the F/G real estate trading contract under the name of F/G, a private document related to rights and obligations.

2. On July 2014, the Defendant, at the above H’s office located in the Seoul Special Metropolitan City Gwangjin-gu I and the third floor, exercised the forged real estate transaction contract as if it were a document duly formed.

3. The Defendant, at the time, at the place, as described in the foregoing paragraph 2, concluded a forged real estate sale contract between F and his/her agent G and the victim, as if the sales contract for the instant real estate was concluded between F and his/her agent G and the victim, on the following grounds: “F and his/her agent G are not C on a equal land.”