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(영문) 의정부지방법원 2015.01.19 2014고단1336
사기등
Text

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

On July 20, 2012, the defendant was sentenced to three years and six months of the suspension of the execution on July 28, 2012 in the Jung-gu District Court, for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation).

The Defendant recognized that F, the owner of the real estate C, D, and E, was a congenitally disabled person at the age of five, and had F’s seal and certificate of seal impression at the time of the game Yangju, and had the mind to sell the said real estate to G operator, a company G operator, at his own discretion.

1. On April 23, 2008, the Defendant prepared a real estate sales contract through K at the office of the JAD office located in the city of Gyeonggi-do, the Defendant signed the real estate sales contract in the column for the location of the land category “C, D, E”, and “F” in the column for the location of the real estate sales contract form, and affixed a seal of F in each name, stating “F” on Apr. 23, 2008, “F” in the column for the area of land category “965 square meters and in the purchase price column,” “F.” in the intermediate payment column. “F.” in the intermediate payment column, “W.” in the intermediate payment column, “W.” on April 23, 2008,” “F.” in the seller’s address column.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the F Real Estate Sales Contract in the name of F, a private document concerning rights and obligations.

2. The Defendant, while carrying out the F as a legitimate agent at the above date and place, concluded a sales contract with the victim and F-owned real estate G to sell the said real estate to G.

However, in fact, the defendant did not have been delegated by F with regard to the sale of the above real estate from F and did not have any right to the real estate and did not have the intention or ability to transfer the ownership normally from

Accordingly, the Defendant, as seen above, deceiving the victim and deceiving him as such, KRW 20 million on the same day as the real estate purchase price from the victim, KRW 20 million on May 7, 2008, and KRW 20 million on June 4, 2008.

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