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(영문) 서울중앙지방법원 2014.02.20 2013고단4987
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay a fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant, who prepared a private document for qualification appearance, did not have received delegation from E in concluding a sales contract for the Seocho-gu Seoul Metropolitan Government D 201, which was owned by C and C.

On September 27, 2011, the Defendant entered “E”, “G”, and “H” in the column of the buyer’s name of the real estate sales contract in Gangnam-gu Seoul, Seoul, the Defendant signed the coffee shop following the entry “A” in the name column of the buyer of the real estate sales contract, “G”, and “H” in the resident registration number column of the agent address.”

Accordingly, for the purpose of exercising the right, the defendant has prepared a copy of a real estate sales contract, which is a private document concerning rights and obligations, by gathering the qualification of agent of E.

2. The Defendant, at the same time and at the same place, exercised a private document preparation for qualification enhancement by delivering it to C as if the real estate sales contract prepared as above was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. A real estate sales contract, reply, and a fact-finding certificate;

1. Application of each text messages to Acts and subordinate statutes;

1. Relevant provisions of facts constituting a crime: Article 232 (Selection of Fine) (2) of the Criminal Act concerning facts constituting a crime: Articles 234 and 232 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The agreement on the instant sales contract between the Defendant and C, as stated in the facts constituting the instant crime under Articles 70 and 69(2) of the Criminal Act, was conducted upon the Defendant’s request. The Defendant, on September 27, 2011, offered that C prepared a seller’s personal seal impression, etc. with a document to be prepared by informing E’s address and resident registration number as text messages prior to the conclusion of the sales contract, and as such, C had prepared for the contract with the real estate purchaser E with his/her personal seal impression.

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