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(영문) 광주지방법원 2017.01.25 2016고단996

사기미수등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was sentenced to a suspended sentence of one year for six months due to the charge of forging private documents at the Gwangju District Court, and the judgment became final and conclusive on June 18, 2015.

The Defendant, from January 1, 199 to December 31, 2012, served as the chairperson of the Victim D Branch (hereinafter “victim”) from around January 1, 199 to around December 31, 201, and was in charge of duties as the chairperson of the “F”, which was established in the southyang-gun E and two parcels.

1. The Defendant who attempted to commit fraud, and the fact was registered in the name of the victim on August 22, 2013 in the name of the victim, on the one-story building, 108 square meters on a manager for management of F, and 64.8 square meters on the two-story building (hereinafter “F”).

Although there was no resolution by the board of directors of the injured clan to register the transfer of ownership to the manager with the Defendant’s contribution to the manager, the minutes of the board of directors were forged as if there was a resolution by the board of directors, and the victim was admitted as evidence to file a lawsuit claiming the transfer of ownership against the victim to register the transfer of ownership.

On July 11, 2014, the Defendant submitted a written petition for registration of transfer of ownership to the effect that “the Defendant, through employees of the law office, bears at his own expense, KRW 250 million out of the construction cost of a manager at KRW 400 million,” and submitted a copy of the “the minutes of the board of directors and the F Construction Committee’s meeting” in the name of the victim on February 28, 2011. < Amended by Act No. 10614, Feb. 28, 2011; Act No. 1060, Feb. 28, 2011>

Accordingly, the Defendant, by deceiving the court as above, intended to register the transfer of ownership of 2/3 of the manager equivalent to KRW 22,878,720 from the damaged person, but the victim actively respondeds to the registration.