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(영문) 울산지방법원 2012.08.24 2012노132
사문서위조등
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. The sales contract of April 29, 2008 and the sales contract of May 29, 2008, written under L with the consent of L, all of which were executed on April 29, 2008.

Defendant

In the case of A, each of the above sales contracts was prepared and prepared by requesting the preparation of each of the above sales contracts, and even if each of the above sales contracts was prepared without the consent of L, it was unaware of such circumstances.

Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendants (six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged is that Defendant A operated the Ulsan-gu I Licensed Real Estate Agent Office as a licensed real estate agent; Defendant B is a person working as a broker assistant for the said office; Defendant C was holding two lots of land outside Ulsan-gun, Ulsan-gun, Ulsan-gun, and the total floor area of 477.27m27m2 (hereinafter “instant real estate”).

Defendant

Around January 5, 2007, Defendant C, under the initiative of B, entered into a sales contract with K to sell the instant real estate in total at KRW 98 billion, but the same year.

6. Around 26, K filed a civil suit (Ulsan District Court 2007Gadan32794) claiming the return of KRW 100 million paid as down payment after cancelling the above contract, alleging that it was deceiving or erroneous in the process of purchasing the instant real estate against Defendant C.

On the other hand, Defendant B recommended L to purchase the instant real estate which had been delegated with the real estate brokerage transaction several times before, and L to this end around May 29, 2008.

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