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(영문) 서울서부지방법원 2016.04.27 2015고단3099
사기미수등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 15, 2008, the Defendant sold the Eunpyeong-gu Seoul Metropolitan Government F Housing (hereinafter “instant Housing”) owned by the Defendant to E in KRW 650,000,000, and entered into a special agreement that the purchaser’s transfer income tax shall be paid to E and the purchaser may change the purchaser’s name at the time of paying the balance of the purchase price, and the buyer prepared a contract for the sale and purchase of the instant housing by determining “G and one other”.

On July 17, 2014, the Defendant filed a lawsuit with the victim who had financial ability to pay the transfer income tax on the instant house from the Seodaemun Tax Office, and received the notice of taxation of KRW 275,524,664, and received the notice of taxation of KRW 25,019,170, which became final and conclusive by the application for mediation, and subsequently, the victim H was aware that he was not the purchaser of the instant house, and the purchaser of the said transaction agreement stated the said transaction agreement as “the non-party one,” despite being aware of the fact that he was not the purchaser of the instant house, and used that E paid the intermediate payment of the purchase price of the said house from the damaged party to the payment of the purchase price of the said house, thereby having received the amount

1. Around August 2014, the Defendant forged a real estate transaction agreement, a private document related to rights and obligations, without authority, with the intention to use the document as “HJ and K” as a copy of the self-owned real estate transaction agreement, written in the name of the Defendant and G on March 15, 2008, which was written in the name of the Defendant and G, at the Defendant’s residence located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

On September 22, 2015, the Defendant continuously filed an application for provisional seizure of real estate with H as a debtor with a public official of the Seoul Western District Court’s civil petition office located in Mapo-gu Seoul Metropolitan Government, Mapo-gu, Seoul, for the provisional seizure of real estate, and submitted the forged real estate sale contract and exercised it.

2. The Defendant who attempted to commit fraud shall be Mapo-gu Seoul on January 19, 2015.

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