사문서변조등
A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
A. The Defendant: (a) was a person operating the D Licensed Real Estate Agent Office in Daegu North-gu, Daegu-gu, and (b) around September 3, 2014, the Victim New Heavy Industries purchased from E the purchase price of KRW 1,594,00,000 from the Daegu-gu, Seo-gu, Daegu-gu, and its ground building; (c) mediated the Victim Company; and (d) was dissatisfied with the amount of brokerage fees with the Victim Company and E; and (e) was able to receive brokerage fees from the Victim Company by arbitrarily stating the brokerage fees in the brokerage fee column for the confirmation and explanatory note attached to the sales contract between the Victim Company and E.
1. On December 29, 2014, the Defendant changed private documents entered “14,346,000” in the adjacent part of “1,594,00,000 *0.0% 0.9% x 14,346,000”, which was tamped by a computer in the aforementioned brokerage fee column, in black-type, without authority at the office of the above licensed real estate agent office.
Accordingly, for the purpose of uttering, the defendant altered one copy of confirmation and explanatory note in the name of the victim company, which is a private document related to rights and obligations.
2. On January 14, 2015, the Defendant: (a) received an application for payment order of brokerage commission from an employee under his/her name who is unaware of the alteration from the Daegu Suwon-dong District Court; (b) submitted the application for payment order of brokerage commission to the victim company; and (c) submitted the modified confirmation and explanatory statement as described in paragraph (1) as if it were a document duly formed.
3. The Defendant failed to commit fraud, at the time and place indicated in paragraph (2), accompanied by the confirmation and explanatory statement altered as stated in paragraph (1) as evidence, as if it were a document duly formed, thereby deceiving the court in the case of an application for payment order of brokerage commission filed against the victim company, thereby obtaining executive titles equivalent to KRW 14,346,00,000. However, the Defendant did not have such intent with the wind that the victim company actively disputes with response.
Summary of Evidence
1. Legal statement of witness G;
1. G.