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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
【Criminal Action Note】 The Defendant, from the victim’s net B, was entrusted with sale of the Gwangju Mine-gu C Apartment D (hereinafter “the foregoing apartment”), with the intention of forging the above apartment real estate sales contract and embezzlement the difference in the purchase price.
【Criminal Facts】
1. Around October 26, 2015, the Defendant, at the F Brokerage Office located in Gwangju-gu, Gwangju-gu, prepared a real estate sales contract with the purchaser of the above apartment owned by the victim net B at KRW 207,000,000 for the purchase price. Around that time, the Defendant received KRW 207,000,000 from the purchaser G as the purchase price.
On November 2015, the Defendant used 47,000,000 won as a share investment in a place where the Defendant received the said apartment sale price and kept it on behalf of the said victim.
Accordingly, the Defendant embezzled the property owned by the victim.
2. On October 29, 2015, the Defendant forged private documents: (a) at the Defendant’s house located in H apartment I of Gwangju Mine-gu, Gwangju Metropolitan City; (b) for the purpose of exercising the right, the Defendant sealed B’s seal attached to G, K, and L (“B”); (c) on the seller’s name column, “B, J”; and (d) on the buyer’s name column; and (c) on the buyer’s name column, the Defendant sealed B’s seal attached to B, which was kept in advance following the buyer’s name; and (d) on the Defendant’s name attached to G and L, the Defendant affixed his seal.
Accordingly, the Defendant forged a real estate sales contract in the name of B, G, or L, which is a private document on rights and obligations.
3. On Nov. 1, 2015, the Defendant: (a) at the house of B located in Gwangju Mine-gu, Gwangju Ma, the Defendant opened a false real estate transaction contract as described in paragraph (2) as if the document was duly formed, with the knowledge of the forgery.
In this respect,