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(영문) 대전지방법원 2011.09.23 2010노2536

사기 등

Text

The judgment below

Among them, each part concerning embezzlement and fraud shall be reversed.

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

(b).

Reasons

1. Summary of the facts charged

A. On June 30, 2005, the Defendant prepared a private document forgery and a private document forgery: (a) purchased from C the price of approximately KRW 100,00,000 per 3m3m2,00,000,000,000,000,000,000,000 won for each 3.3m2.

When transferring ownership by selling the above land to another person, the Defendant and E conspired to prepare a false sales contract as if the Defendant used C’s seal imprint certificate and a certificate of seal impression that the Defendant had received from C, and the Defendant purchased from C at a price higher than the actual purchase price.

E, at the F Licensed Real Estate Agent Office, Chungcheongnam-do, Chungcheongnam-gun, Donjin-gun, in 2007, prepared a letter of proxy for real estate transaction with the contents that he/she delegated his/her authority to conduct all acts relating to the above land transaction contract to Eul using a computer and affixed C's seal impression in advance to C next to the delegating.

In addition, on May 2, 2005, E is KRW 780,000 (780,000) for the above land. On behalf of the seller, the buyer is the defendant; the buyer is the defendant; he prepares a real estate sales contract for the real estate of F Licensed Real Estate Agent; affixs his seal on the side of the seller's agent; affixs his seal on the agent's agent's seal; and affixs his seal on the agent's office prior to the broker's "G".

As a result, the Defendant, in collusion with E, forged a letter of delegation of real estate transaction in the name of C, a private document on rights and obligations, and a letter of contract in the name of G, and forged a copy of a real estate transaction contract in the name of C with the qualification of agent of C.

B. Around October 2005, the Defendant: (a) sold the instant land to the victim E in KRW 553,860,000 at the F Licensed Real Estate Agent Office of Jin-gun, Chungcheongnam-gu, Chungcheongnam-do; and (b) concluded a contract with the buyer under the name of the victim’s wife.