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(영문) 서울동부지방법원 2017.09.21 2016고합316
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, 2016 Gohap316.

Reasons

Punishment of the crime

[2016 Gohap 316]

1. Forgery of private documents and the uttering of a falsified investigation document;

A. On April 15, 2015, the Defendant entered into a real estate sale contract with the following content: (a) on the E’s real estate located in Yongsan-gu, Gyeonggi-gu, Gyeonggi-do; (b) the seller’s land “F” in the name of H 60 million won from G and one other; and (c) the contract deposit is KRW 60 million at the time of entering into a contract; and (d) the remainder of KRW 540 million on May 8, 2015.

On April 2015, at the office of the defendant in Sung-gu, Sung-si, Sung-si, Sung-si, the defendant continued to put in the space of the real estate transaction contract "F in Gyeonggi-do", "Seoul-do Geumcheon-gu, the sale price column (Won 959,00,000)", "G outside 1", and "J" on the seller's sexual name column, and affixed his/her official seal attached to G and J, which are arbitrarily created by his/her name.

Accordingly, with the aim of exercising authority, the Defendant forged a copy of the real estate transaction contract under the name of the seller G and the J broker, a private document related to rights and obligations.

On April 2015, the Defendant filed an application for a loan of KRW 745 million at the branch of the Sugjin-gun, which is located in the Gyeongjin-gun, with K, who is well aware of the fact, submitted a forged real estate sale contract and exercised it.

B. On June 2015, the Defendant, at the office of the Defendant located in Sung-si, Sung-si, Sung-si, Seoul, stated “Seoul-do wife L” in the column for the location of the real estate transaction contract by using a computer, “Seoul-do wife L” in the column for the purchase and sale price (430,000,000), “S” in the column for the preparation date,” “M” in the seller’s name column, “M” in the seller’s name column, and then copied the portion of the seal and the seal of the broker N’s real estate transaction contract, which were kept in his/her subsequent form, attached to the contract for real estate transaction in which the seal and the seal of the broker N are KRW 430,000,000,000.

Accordingly, the defendant is a seller who is a private document on rights and obligations without authority for the purpose of exercising his rights.

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