Of the facts charged in the instant case, the punishment for preparing qualification-based private documents shall be exempted.

Of the facts charged in the instant case.

Punishment of the crime

On February 21, 2012, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Daejeon District Court on May 9, 2012, and the said judgment became final and conclusive on May 9, 2012.

When the Defendant received a demand for the repayment of KRW 100 million from C, the Defendant was willing to sell and purchase the E-building Nos. 304, 404, and 404 (hereinafter “the instant apartment”) to C as if he was delegated, although he did not have been delegated the sale of the E-building No. 304, the E-building No. 304

On August 2, 2010, the Defendant drafted a sales contract stating that the apartment of this case is sold to the said C at the Seo-gu Seoul Special Metropolitan City F lawyer’s office, and had an employee under his name enter “D” in the seller’s signature column, and imprinted D’s seal which was held in advance following the seller’s name, stating “D’s agent A” and affixed his seal in advance following the name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a complaint (a copy of a real estate sales contract);

1. Article 232 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The range of sentencing on the grounds of the latter part of Article 39(1) of the Exempted Criminal Act: The application of the sentencing guidelines for imprisonment for not more than five years or for a fine not exceeding ten million won [the sentencing guidelines] shall be mitigated (the scope of recommendations] by imprisonment for one month to one year; the defendant's criminal history shall be recognized and reflected; the defendant's criminal history shall be determined on the judgment of the court; and the crime of forging the above private document shall be judged at the same time, taking into account the balance between the expected sentence and the anticipated sentence where the defendant was tried at the same time, the defendant shall be exempted from the punishment for the defendant pursuant to the latter part of Article 39(1) of the Criminal Act beyond the scope of recommendation

Part 1.3