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(영문) 대전지방법원 2019.10.24 2019고단170
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2017, at the office of the Defendant’s operation in Seo-gu Daejeon, Daejeon, the Defendant forged private document documents by using the computer in the column for the purchase price, stating in the column for the purchase price, “sale hundred million won (80,000,000),” “sale0 million won (72,00,000 won)” in the column for the down payment, “Turlin0 million won (72,00,000 won)” in the seller’s address column, “D Apartment-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do; and “F” and “G” in the seller’s address column; and, at his own discretion, affix a seal on G’s name.

Accordingly, for the purpose of exercising authority, the Defendant forged a land sale contract under G name, which is a private document on rights and obligations.

2. On September 2017, at the same place as the preceding paragraph of the Warman, the Defendant displayed a forged land transaction agreement with the J, the head of the headquarters operated by the victim H, as stated in the preceding paragraph, and purchased the site of 27,000 square meters in Pyeongtaek-gun, Gangwon-do to KRW 800 million. The military office and the civil engineering design office and the Korean civil engineering design office were identified before the military office and the Korean civil engineering design office, and thus, the Defendant also concluded the request to K for review and concluded the review. The Defendant purchased the 5,00 square meters.”

However, in fact, the land transaction contract, which was shown to J, was forged by the defendant to kill the contract, and the actual purchase price was limited to KRW 268,608,00.

As such, the Defendant, by exercising the aforementioned forged land transaction contract as if it were actually formed, had the victim deceiving through the J, and had the victim receive KRW 175 million from the victim as the purchase price for land around September 20, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of J and H;

1. Examination protocol of the accused by prosecution;

1. The part among the interrogation protocol of the police against the accused;

1. Statement to J police officers;

1. A H statement;

1. A land sales contract, a real estate sales contract, and each land;

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