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(영문) 제주지방법원 2016.02.03 2015고단659
사기미수등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On March 2010, the Defendants established G Co., Ltd., an agricultural company at H and 11 parcels of real estate (hereinafter “instant real estate”) at Jeju-si, the Defendants were insufficient funds while working in order to purchase the real estate of H and 11 parcels of real estate (hereinafter “instant real estate”). As such, the Defendants agreed to borrow KRW 300 million from J through I and made provisional registration to secure this.

On November 12, 2013, the Defendants: (a) drafted a pre-sale agreement with respect to the instant real estate at LAD’s office located in K on November 12, 2013; (b) drafted a pre-sale agreement with the content of “PP Co., Ltd., Ltd., G, the reservation right holder J, the purchase price of KRW 700 million, and January 30, 2014 on the date of completion of the sale; and (c) filed a registration with respect to the right to request the transfer of ownership under the J’s name on the ground of the pre-sale agreement.

However, while preparing the above pre-sale contract, the Defendants conspired to file a lawsuit claiming the cancellation of the registration of ownership transfer by asserting that the contract signed by the parties was prepared voluntarily in the column of the purchase price of the pre-sale contract and that the pre-sale contract was prepared falsely, and that the pre-sale contract was prepared falsely.

1. Joint crimes committed by the Defendants

A. On November 15, 2013, the Defendants, who forged a private document or the instant investigation document, received a pre-contract for sales of the portion prepared and kept for the preliminary use from the said certified judicial scrivener office and entered the said pre-contract in the column for sales of the said portion in the purchase price of the pre-contract without authority for the purpose of exercising the said pre-contract at an irregular place around that time, and forged one copy of the pre-contract under the victim J, which is a private document on rights and obligations, and forged one copy of the pre-contract in the name of Jeju District Court around December 18, 2013, to request the cancellation of the said provisional registration, while filing a lawsuit for cancellation of the ownership transfer claim.

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