(영문) 부산지방법원 2008.9.2.선고 2008고단1643 판결

A defendant shall be punished by imprisonment with prison labor for three years. The number of days under confinement prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal facts

On August 9, 2005, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night, by failing to take part) at the Busan District Court on August 9, 2005, and was released on January 27, 2006 and passed on February 3, 2006 during the execution of the above sentence;

1. On October 1, 1998, B acquired the ownership of a factory site of 1,930 square meters and above ground factory building located on the northwest of Ulsan-gun, Ulsan-gun, Ulsan-gun, and won the case by filing a lawsuit to leave the lessee who operates the factory in the above land. Since C continued not to leave the factory on the above land, C requested the defendant to resolve it on or around March 200, and the defendant requested C to leave the above land, but it is contrary to C's demand to leave the above land, but C's intention to drive away from his own right, B prepared a false sales contract and a transfer and takeover contract with the purport that B sold the above real estate to C;

As above, while becoming aware that B was dead on or around July 31, 2003 in the possession of the above sales contract and the transfer and takeover contract entered into in a false manner, I would like to obtain money from the victim D, E, and F, the heir of the above real estate, through civil litigation, through civil litigation, from the fact that B was destroyed by a person who can accurately ascertain the preparation process of each of the above contracts;

On May 12, 2006, the Busan District Court's Dong Branch's civil petition office located in Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Dong Branch's Dong Branch's Office, pretending that the defendant had a legitimate title to the above real estate, filed a claim suit against the victims, such as cancelling the donation contract between B and D and seeking to transfer the ownership of the above real estate, and submitting the above contract document as evidence, thereby deceiving the above court, and attempted to acquire the above real estate from the victims by deceiving the above court's market price of KRW 200,000,000, but it did not reach an attempted attempt by the victims

2. On June 13, 2006, G’s mother, died on or before G’s father, with respect to the real estate owned by G, K, G, and I created with J before H’s father, and as a result, there were legal disputes, such as filing a separate civil lawsuit around December 2006, with respect to the real estate owned by the network H since H did not reach an agreement on the division of inherited property between K and G, and I. The fact is in collusion with G, by forging a false sales contract and receipt stating that he sold the real estate owned by the network H to the Defendant, even though he was not at all selling the entire real estate owned by the Defendant before his birth, in spite of the fact that he sold the real estate owned by the network H to the Defendant.

A. On March 2007, G's house located in the Geum-gu, Busan Metropolitan City, not in order to exercise authority, for the purpose of exercising the right and duty of the buyer in the area of the real estate sales contract, the seller's deposit is, without authority, the seller's name and duty to succeed to the area of the land, the seller's address in the area of the land, the seller's name and address in the area of the land, the seller's name and address in the name and address in the area of the building, the seller's name and address in the name and address in the area of the building, the seller's name and address in the name and address in the area of the building, 143.5m in the area of the building, the seller's name and address in the area of the building, 143.5m in the purchase price column, 30 million in the purchase price column, the seller's name and address in the area of the building, the seller's name and address in the name and address in the area of the sale.

Part 1 of the title sales contract shall be forged, and

B. On the same date and time, without authority, for the purpose of exercising the right and duty at the location of the site for a real estate sales contract, the "Seo-gu in Busan Metropolitan City", the "site" in the land category column, the "306.1m of square meter (92.5m)" in the space column for the structure use of the land, the "Seoul Commercial Building" in the space column for a building, the "815.98mm2 in the space column for a building" (1,2,3,4,44 on the ground), the "O0 million won in the purchase price column", the "one hundred million won in the intermediate payment column" shall be stated in the sale price column on March 10, 206, the "10 million won in the daily payment to the seller on April 10, 2006", the "10,000 won in the name of the seller and the "30 Gm20's address in the above column for special agreement", the "30,0000 m2.

C. For the same time, without authority, for the purpose of exercising at the same place, the name of the land in the area of the land in the name of the land in the land for the real estate sale contract, the name of the land, the name of the land, the area of the land, the area of the land, the area of 288m2.8m2 in the column of the land, the area of the land, the area of the building, the area of 437m2 in the building, the area of the building, the area of 437m37m2 in the building, the area of the purchase price, the area of the building, the area of 437m37m2 in the column of the purchase price, three million in the column of the down payment, three million in the column of the contract, the title of the deposit in the column of the special agreement, "the purchaser succeeds to the deposit on April 20, 206", and the title of the contract, the name of the H in advance, the rights and duties of the owner in the name of the real estate.

D. On the same date, at the same time and at the same place, without authority, the title Nos. 50,000,000 (O.S.) received in blank as the sales contract amount for the fourth parcel of land (the entire H equity), the above amount was stated as the receipt on May 1, 2006, H and the purchaser A, respectively, and forged one receipt under the name of the network H, a private document on rights and obligations, which is a private document on the rights and obligations, by sealing the seal of the network H which was held in advance on his name and sealing the seal on his name; and in the same manner, it was forged seven copies of receipt under the name of H, a private document on the rights and obligations of receipt of the sales price under each of the above fraudulent sales contracts, such as the attached list of crimes;

E. On March 30, 2007, at the Busan District Court's general petition office located in the Busan District Court's Dongdong-gu, Busan District Court submitted a complaint for ownership transfer registration with the defendant as the plaintiff, G, and I as the defendant (2007Gahap5918), and upon the above filing of a complaint for ownership transfer registration claim (2007Gahap5918), the above forged real estate sales contract and three copies and seven receipts may be submitted to the employee under the name of the public service center and

3. On May 17, 2007, after filing a lawsuit claiming the registration of ownership transfer using a forged sales contract or receipt, the registration of ownership transfer was completed with the Plaintiff’s winning judgment on May 17, 2007, but the registration of ownership transfer was not applied for on the ground that he was rendered a judgment with the exception of the heir K. As such, he/she is willing to apply for the provisional disposition of prohibition of disposal of real estate by making the right to claim the registration of ownership transfer

On July 2, 2007, the Busan District Court civil application and the judicial scrivener L, who is not aware of the fact, filed an application with the defendant as the creditor, G, I, K as the debtor, and the right to claim the registration of ownership transfer based on sale and purchase as the preserved right, and filed a provisional injunction prohibiting disposal of real estate (207Kadan12274) as stated in paragraph (2), and filed a copy of the forged real estate sales contract and the receipt and the receipt and seven copies as stated in paragraph (2), and submitted them to the civil application and the non-official who is not aware of the fact that the above provisional injunction was duly completed.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 231, 234, and 30 of the Criminal Act (the forgery of each private document and the use of each private document) and Articles 352 and 347(1) of the Criminal Act (the attempted use of fraud)

2. Competition;

Articles 40 and 50 of the Criminal Act (Mutual between the crimes of uttering of falsified Investigation Documents referred to in Article 2-5(e) and the crimes of uttering of falsified Investigation Documents referred to in paragraph (3) of the judgment)

3. Selection of punishment;

Each Imprisonment Selection

4. Aggravation for repeated crimes;

Article 35 of the Criminal Act

5. Aggravation of concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

6. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.