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(영문) 서울중앙지방법원 2012.08.27 2012고단1928

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Since December 2008, when the Defendant was absent from the Internet gambling from the point of view, the Defendant was liable for the obligation of Suwon Man,00,000 won. On May 2, 2009, as the Defendant was donated six lots of forest land owned by the E, F, G, H, I, and J from D, which was the first patroler of early May 2, 2009, the Defendant was aware that he had arbitrarily completed the registration of ownership transfer, and disposed of the forest and field to raise money.

1. Forgery of private documents and the display of private documents;

A. On May 28, 2009, the Defendant: (a) around May 28, 2009, at the “L office located in the jurisdiction of the Incheon K-gu Office; (b) opened the D’s seal imprint design prepared in advance to N of the staff of the M-based Certified Judicial Scriveners Office without authority; (c) agreed that D shall donate the above six parcels of forest land to the Defendant; and (d) indicated “D,O, and Seocho-gu Seoul P Apartment 1-601” in the donor column, the Defendant affixed a seal imprint on the side of the donor’s column of the gift contract on which it is pre-printed.

Accordingly, for the purpose of uttering, the Defendant forged a gift contract in the name of D, which is a private document on rights and obligations.

B. The Defendant:

At the time and place stated in paragraph (1), N delegated the act related to the application for registration and marked "D and Seocho-gu Seoul P Apartment 1-601" in the column of the donor, "D and Seocho-gu P Apartment 1-601" and marked D's above seal imprint on the side of the power of attorney on which it is printed in advance.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of D, a private document on rights and obligations.

C. At around 10:45 on June 1, 2009, the Defendant: (a) requested employees of the above certified judicial scrivener office to file an application for the registration of ownership transfer of forest land in the above six parcels of land; (b) held that the forged power of attorney and the gift contract were duly concluded with a public official who is not aware of such fact.