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(영문) 서울남부지방법원 2015.07.15 2015고단1678
자격모용사문서작성등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

When the defendant was unable to repay his obligation to B, and the defendant was accused of the complaint from B, in order to obtain the cancellation of the complaint, he pretended to conclude a contract for payment in kind with B as he was delegated to the contract for sales and purchase of real estate owned by the defendant Dong C to obtain the cancellation of the complaint.

Around December 20, 2011, the Defendant entered “B” in the “E” Real Estate Agent Office operated by the Defendant, as the Defendant’s heading D and 111, and the fact that the Defendant was delegated with the authority to sell real estate at F apartment 204 - 501 m204 - 501 m201 (39 m2,000 m2,000,000 in the sale price column of the real estate sales contract site for the purpose of exercising the authority to sell real estate at the time of the Gyeonggi-do Gyeonggi-do Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-si’s Gyeonggi-do’s sports, and indicated “C and C’s agent A” in the seller’s

As a result, the defendant, who is qualified as a proxy of C, prepared a copy of a real estate sales contract, which is a private document concerning rights and duties.

The Defendant, as seen above, exercised a real estate sales contract, which was prepared with qualification ambiguous, to B, who is aware of such fact.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason B of sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant does not want the punishment by agreement with the defendant, and the defendant appears to have the attitude of recognizing and opposing the fact of the crime. In addition, the motive and background of the crime in this case, the circumstances after the crime, the age, character and conduct of the defendant.

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