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(영문) 창원지방법원 통영지원 2007. 5. 2. 선고 2006고단616 판결
[부동산등기특별조치법위반·사문서위조·위조사문서행사][미간행]
Escopics

Defendant 1 and two others

Prosecutor

Limited Date

Defense Counsel

Attorney Kim Han-ju

Text

Defendant 1 is punished by imprisonment with prison labor for three years, by imprisonment for two years, and by imprisonment for one year.

With respect to Defendant 1, ten days of detention days prior to the pronouncement of this judgment shall be included in the above sentence.

One copy of the seized real estate sales contract, the letter of withdrawal of the inspector and the letter of confirmation (Evidence Nos. 1 through 24), one dancing hall (Evidence No. 25, except for Certificate No. 25, 2, and 3), and 13 plastic painting (Evidence No. 26) shall be confiscated from each of the Defendants.

A penalty of KRW 670 million from Defendant 1 shall be additionally collected.

Of the facts charged in the instant case against Defendant 1, the facts charged as to each private document and the fact that each of the facts charged are not guilty.

Criminal facts

Defendant 1 is the representative director of Nonindicted Co. 4; Defendant 2’s employees; Defendant 3 is the representative of Nonindicted Co. 9, a real estate consulting company;

1. Defendant 1:

Around 15:00 on December 18, 2004, two parcels, including Non-Indicted 4 office located in the Godong-gu, Singu, Singu, Singu, Singu, the number of the Singu, Singu, Singu, Singu, which were owned by Non-Indicted 1 (number 1 omitted), and the same Ri (number 2 omitted), were purchased from Non-Indicted 1, the purchase price of which was KRW 24,96 million, and the purchase price was fully paid on or around December 20, 2004, and the tax was imposed even on or around December 20, 2004, and the acquisition of the ownership transfer on the above real estate was not applied for within 60 days for the purpose of gaining profits arising from change in the market price at another time. On November 205, 2005, the above real estate was sold in KRW 750,150 million

2. Defendant 2 and Defendant 3 conspired to purchase more than 47 lots 12,290 lot 47 lot 12,290 lot 47 lot 12,290 lot 2, Defendant 2 and 3 had the intention to file an application for approval by think that the real transaction of real estate executed from January 1, 2006 can be avoided if the sale and purchase contract was prepared in advance and the seal of approval was confirmed;

A. At around 15:00 on December 12, 2005, without authority, the real estate sales contract shall be marked in the real estate indication column in the real estate sales contract without authority as follows: “1. The number monthly (number 4 omitted); 833m2. The above Dong (number 5 omitted); 1,488m2. The above Dong (number 5 omitted); 1,488m2 in the sales price column; 1.00,000,000 won in the sales price column; 2. The seller’s column in the transaction column as “non-indicted 6, 00,000,000 in the name of the non-indicted 6,00 in the name of the non-indicted 6, 7’s seal affixed to each of the above non-indicted 6, and 7’s seal affixed to each of the above non-indicted 6, and 19m2 in the name of the buyer, as shown in the attached Table 19(1).

B. Around December 29, 2005, at a large viewing public service center where a new Si-Gu Si-Eup is located, upon filing an application for a seal of approval for a real estate sales contract, a false real estate sales contract shall be submitted to a public official in charge of civil-petition offices who is not aware of the circumstances as above, and shall be submitted

3. Defendant 2 and Defendant 3 conspired to withdraw the seal of approval in collusion with the Defendants to report in a local newspaper that the Defendants received in advance the application for seal of approval by forging a real estate sales contract, and to withdraw the seal of approval in order to mislead any defect in the port, as described in the above paragraph (2).

A. On April 19, 2006, in the name of Nonindicted 4’s letter of withdrawal of the real estate sales contract, the seller, Nonindicted 8, 7, 7, 7, 7, 17, 17, 2006, 17, 200, 200, 200, 200, 200, 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

B. In the civil service center for viewing the same day, a forged real estate sales contract withdrawal letter was submitted to the public official in charge of the civil service center who is not aware of the fact.

Summary of Evidence

1. Part of Defendant 1’s legal statement in the first trial record, and each legal statement of Defendants 2 and 3

1. Part of the third trial record concerning the witness’s respective legal statements in Nonindicted 5 and 1

1. Part concerning the witness's legal statement in the fifth trial record;

1. Part on the witness’s legal statement in the sixth trial record

1. Non-Indicted 1, 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21

Each police statement about the police;

1. Each protocol of seizure by the police (at least 162 pages, 167 pages of investigation records);

1. Criminal Claim No. 1: A copy of the sales contract (Non-Indicted 1-Defendant 1), and a copy of the real estate sales contract (Non-Indicted 1-Map Development)

1. Crime Nos. 2 and 3: A copy of each real estate sales contract and a copy of each letter of withdrawal of the confirmation of each real estate sales contract;

1. Details of payment of land price (No. 564 pages of investigation records);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

[Defendant 1]

Articles 8 subparag. 1 and 2(2) of the Act on Special Measures for the Registration of Real Estate.

[Defendant 2, 3]

(a) Point of each private document: Articles 231 and 30 (Selection of Imprisonment) of the Criminal Act;

(b) The occupation of uttering of each falsified investigation document: Articles 234, 231, and 30 of the Criminal Act.

1. Aggravation of concurrent crimes;

[Defendant 2, 3]

Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravated Punishment on the Punishment of Forgery of Private Document, which is the most severe offense and offense)

1. Inclusion of days of detention in detention;

[Defendant 1]

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) of the Criminal Code

1. Additional collection:

[Defendant 1]

Article 48(1)2 and (2) of the Criminal Act (the sale price of KRW 750 million - The sale price of KRW 81.5 million - The sale price of KRW 81.5 million paid to Nonindicted Party 1 = The actual amount of KRW 670 million paid by Defendant 1 from the development of Prostitution)

Parts of innocence

1. Summary of the facts charged

Of the facts charged in the instant case against Defendant 1, the summary of the use of each private document and the use of each falsified document is as follows: (a) in collusion with Defendant 2 and 3, Defendant 1 used a forged and forged private document as provided in paragraphs (2) and (3) of the facts charged.

2. Determination:

In a criminal trial, the conviction should be based on strict evidence that leads a judge to have the degree of having no reasonable doubt, and even if there is no such evidence, the interest of the defendant should be determined with the benefit of the defendant, even if there is a doubt about the defendant's guilt. Thus, the evidence submitted by the prosecutor alone is insufficient to acknowledge the above facts charged, and there is no other evidence to acknowledge it. Thus, the above facts charged constitute a case where there is no evidence to prove a crime, and thus, the defendant is acquitted pursuant to

Reasons for sentencing

[Defendant 1]

In the case of the same type, the principal offender committed this case even during the period of suspension of execution, the profit of KRW 400 million for a year, the need for strict punishment as such act undermines the will of ordinary citizens to work, and thus, the real estate speculation was attempted in a discriminatory manner, the fact that the real estate speculation appears to be a principal offender such as the width of real estate prices of the members of the new Si-Eup, and the need to restrain real estate speculation in accordance with the national social policy and policy, and furthermore, there is suspicion that there is any suspicion that the representative of Nonindicted 4, who is specialized in real estate trading as the representative of the private document forgery and the use of the falsified investigation document, has recruited it or would not have been implied at least.

[Defendant 2, 3]

Although the above defendants' assertion that this case was merely a simple intention, it seems to have committed this case for the purpose of real estate speculation in the future in light of the above defendants' occupation, career, etc., the target of the above Article is too many, it could not be predicted how to occur in the future in the absence of a resistance from the person who reported and used the name in the local newspapers, and Defendant 1 is irrelevant to the forgery of private documents and the display of the above investigation documents, but it is doubtful whether the above defendants can be seen to have committed this case independently without any report or contact with Defendant 1.

[Attachment Form 5]

Judges Cho Jae-ho

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