(영문) 제주지방법원 2018.01.24 2016고단2118

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(영문) 제주지방법원 2018.01.24 2016고단2118

사기미수등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. On October 20, 201, the Defendant and C jointly purchased 1498 square meters located in E (which is divided into F and G around May 11, 2012) with the victim D and Jeju-si around October 20, 201, and completed a registration of co-ownership one half of the name of the Defendant and the victim in the name of the Defendant and the victim, and decided to newly construct two multi-family houses on the said land.

The defendant was aware that the victim jointly purchased the above land as C's proposal, and C was to construct a multi-family house in two million won per square day on the land, and there was no delegation from the victim to the new construction of a multi-family house.

Nevertheless, the Defendant: (a) had the victim use a multi-family house; (b) had the victim use the victim’s seal without prior permission; (c) had the victim use the victim’s seal in the name of the building designer, electrical construction business operator, etc.; or (d) concluded a construction-related contract with the victim as if the victim’s agent; and (c) had been paid construction expenses from the victim via C; and (d) had the victim paid the construction expenses from the victim through C, but could not be fully paid the construction expenses paid; (d) filed a lawsuit against the victim on the basis of evidentiary materials, such as a written contract, etc.

B. On October 31, 201, 201, the private document preparation and the display of qualification copied (1) private document: on October 31, 2011, the Defendant entered into a design contract with I who is an employee of the H architect office of H and signed a building design contract with the owner of the building without authority for the purpose of uttering at a place not known at Jeju city (hereinafter referred to as “A”): The name and address of the owner: The name and address of J apartment site in Guro-gu Seoul Metropolitan Government, stating the “A” and signed by the Defendant.

The defendant has no authority for the purpose of exercising his authority.

유사 판례

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