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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Although the Defendant did not have been entrusted with the sale of land by E, the owner of the Gyeonggi-gu D Large Real Estate (hereinafter “instant Real Estate”), the Defendant had previously possessed approval for the use of the existing road.
As a result, the fact that the E's certificate of seal imprint was kept, the victim F had the intent to gather the E's agent qualification in selling the instant real estate to the victim F.
1. Preparation of private documents for qualification solicitation and display of private documents for qualification solicitation;
A. On May 30, 2014, the Defendant entered into a sales contract with F on the instant real estate at H office located in Namyang-si, Namyang-si, and delivered KRW 10 million, which is part of the down payment. On May 30, 2014, the Defendant stated in the column for the location of the real estate sales contract that “20 million shares in Gyeonggi-gu I, D, J, J, K, L, M, N,O, P, 20 square meters” in the contract deposit column, “O million Won” in the contract deposit column, and “EM A” in the seller column. The Defendant stated in the column for the power of attorney, “Seoul-gu Q Qu, resident registration numberR”, and “E price A” in the form of each letter of delegation, and issued the receipt to each agent, “F,10 million won,” and then, issued the receipt to each agent, “E price” in the column for the down payment receipt.
B. On July 2015, the Defendant issued F a down payment of KRW 40 million, which is the remainder of the down payment, at the same place as F, and entered “A (E)” in the daily gold column of the receipt, and issued the said letter of delegation to F who knows that he/she was qualified as an agent for sale.
Accordingly, for the purpose of exercising, the Defendant prepared two copies of the real estate transaction contract, power of delegation, and receipt, each, which are private documents concerning rights and obligations by gathering the qualification of the E’s agent. As above, the Defendant was drafted as above to F, a purchaser of the instant real estate, who knows that he/she was qualified as an agent.