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(영문) 수원지방법원 평택지원 2016.06.02 2015고단1762
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant, as an office clerk of the office of the “E Real Estate Information Certification Brokerage Agent” located in Pyeongtaek-do Pyeongtaek-si D in Gyeonggi-do, requested only the sale brokerage of the land of Pyeongtaek-do, which is owned by F and G around September 2012. The Defendant was willing to sell it in the mind, pretending that he was delegated with the disposal authority.

On September 20, 2012, the Defendant: (a) stated in the column of the land where the land for the real estate transaction contract site was located “Seoul-do Pyeongtaek-si H Cemetery; (b) KRW 30 million in the seller column; (c) KRW 1 in the buyer column; and (d) marked “A” in the buyer column and the agent column, with the intention of exercising the authority delegated by F and G with regard to the disposal of the said real estate; and (d) marked the Defendant’s seal attached to A’s name.

As a result, the suspect prepared a copy of the real estate transaction contract, which is a private document related to rights and obligations, with the qualification of the F and G agents for the purpose of exercising.

2. On September 20, 2012, the Defendant, who held a private document with qualification, exercised the real estate trading contract prepared with qualification as above, as if it had been duly formed, to I know that it had been actually formed.

3. On September 20, 2012, the Defendant: (a) delivered to the victim I a copy of the real estate transaction agreement prepared with qualification ambiguous as above; (b) sold the said land; and (c) deceiving the victim as if he had legitimate authority to dispose of the said land and receive the price.

The defendant received 200 million won from the damaged person as the down payment.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. Each real estate transaction contract;

1. Application of Acts and subordinate statutes to a certificate of borrowing money;

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

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