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(영문) 서울중앙지방법원 2014.02.19 2013고단212

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant conspired with C (in this case, the Defendant was sentenced to a stay of two and a half years of imprisonment with prison labor at the Seoul Northern District Court on April 28, 201, and the said judgment became final and conclusive on May 13, 201) to acquire money from the victim E by forging and using a sales contract, etc. in the name of D to purchase real estate in the name of D together with C, by pretending that one billion won was paid as down payment and intermediate payment.

1. Forgery of private documents;

A. On November 3, 2008, the Defendant: (a) around December 2009, at the office of the Defendant of the F Building 403 in Seocho-gu Seoul, Seocho-gu, Seoul around December 2009; (b) despite the fact that the Defendant prepared the said D and the sales contract with respect to the real estate in the name of D located outside 18 lots of land (13,407 square meters, approximately 4,055 square meters), the Defendant entered the said D and D in the “real estate sales contract” paper to pretend that he had concluded the sales contract with C to purchase the said real estate at a total of five billion won: 5 billion won; (b) the sales contract paper was 20 million won; (c) the balance; (d) the remainder was paid at the time of completion of the sale; and (e) the seller, the buyer, and the seller had the seal affixed to D and D at his own discretion on November 3, 2008.

Accordingly, the Defendant, in collusion with the above C, forged a sales contract in the name of D with respect to rights and obligations without authority.

B. On December 3, 2009, in the above defendant's office, the defendant and C paid 1 billion won as the down payment and intermediate payment of the above real estate at the above defendant's office, in order to receive an investment from the victim, he will receive the above amount as the down payment of the receipts, daily payment, and the above amount as the down payment of the real estate sales contract under the provisions of the proviso of the receipt. The above amount is stated as D on November 3, 2008, and the receipts shall be viewed as the receipt paper, and the official approval color shall be viewed as the stamp.