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(영문) 수원지방법원 여주지원 2017.08.28 2017고정33
자격모용사문서작성
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B is the chairperson of E (hereinafter “the instant clan”) who is the owner of 2,830 square meters (hereinafter “the instant land”) prior to Ischeon-si, Leecheon-si, and Defendant A is the general secretary of the instant clan.

The Defendants did not obtain the consent from the clan of this case to sell the land of this case or delegated the authority to prepare a sales contract for the land of this case.

Nevertheless, the Defendants conspired to sell the instant land at the office of mutual influent certified judicial scrivener in Leecheon-si around March 17, 2015, and concluded a sales contract with F to sell the instant land among the instant species. In the indication column of the real estate sale contract, the Defendants stated in the column of sale price for “Yecheon-si 2830 square meters (513,60,000 won)” in the column of “Yecheon-si 2830 square meters (513,60,000 won)” and in the column of contract, “Yecheon-si 50,000 won (50,000 won) was paid at the time of the contract,” and written in the column of “Yecheon-si 20,000 won (463,600,000 won)” and “E-do 17 August 17, 2015,” and written in the column of the sale price for the instant land.

As a result, the Defendants conspired to gather the qualification of the representative of the clan of this case for the purpose of exercising, and prepared one copy of the real estate trade contract, which is a private document concerning rights and obligations (hereinafter “the contract of this case”).

2. Determination

A. Whether the document constitutes a crime of preparing a private document for qualification shall be determined in accordance with the form of whether the document is false, not in preparation of the document, and whether the document is not true and shall not have any influence on the establishment of the above crime. Thus, if the representative or representative of another person has the authority to prepare a document by using the name of the representative or representative.

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