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(영문) 수원지방법원 성남지원 2016.04.08 2015고단877

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four 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

Criminal facts

On August 2015, the Defendant agreed on the joint operation of D apartment (construction and execution company: Co., Ltd.) sales agency business in order to purchase the above apartment at a discounted price of 30% from E Co., Ltd., and had forged the sales agency service contract, etc. and presented it to the victim and obtained the money in the name of the deposit money for sale.

1. Forging a private document;

A. On September 8, 2015, the Defendant: (a) using a computer located in the Gangnam-gu Seoul Metropolitan Government Open-dong, where the trade name is unknown; (b) used a computer located in that area; (c) “A (stock company E) shall pay to B (Defendant E) an amount equivalent to 30% of the sales price for each household in the contract for sale in lots; and (d) “A shall pay A fees for the sales in lots to B within seven days after full payment of the remaining amount; (c) “B shall deposit B with the payment deposit; and (d) arbitrarily prepare and output a sales in lots contract for the sales in lots, stating “E representative director of the contractor for sale in lots,” and affixed a seal under the name of E company E, a pre-cepted in advance at a neighboring sales store; and (d) affixed a seal thereon.

B. On September 10, 2015, the Defendant uses a computer located in the Gangnam-gu Seoul Metropolitan Government Open-dong from the PC room where the trade name is unknown; “If necessary through consultation between Party E and Party B (Defendant), he/she shall deposit a limited amount from the sale price into the sale price; “B shall not transfer the right of this contract to another person pursuant to Article 7 of the Sales Agency Service Agreement; Provided, That if it is delegated for sale due to necessity, he/she shall proceed with the approval of Party A and all acts performed by the delegated person of Party B.