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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
1. On September 6, 2013, the Defendant drafted a real estate lease agreement with the lessee F, which leases “E and 70 parcels,” at D real estate brokerage office located in Innju City, Inc., to the lessee F.
In fact, the Defendant was not the owner of each of the above lands, and was delegated by 39 persons, including G, etc. among the total 51 owners of each land, with respect to land management. From 12 persons, including H, there was no delegation with respect to the consent for the lease of the above real estate or the preparation of a lease agreement.
피고인은 그 사실을 모르는 위 사무실 대표자인 I으로 하여금 위 부동산 임대차 계약서 부동산 소재지 란에 ‘ 이천시 E, J 외 70 여 필지’, 보증금 란에 ‘ 四阡五百萬 (45,000,000)’ 을 각 기재하고, 임대인 란에 ‘ 위 토지 총괄대표 A’ 이라고 기재하게 한 다음 위 피고인의 이름 옆에 도장을 찍었다.
Accordingly, for the purpose of exercising, the Defendant prepared a copy of the real estate lease agreement, which is a private document on rights and obligations, using the qualification as a general representative of the above land.
2. The Defendant, at the time and place specified in Paragraph 1, exercised a private document with no knowledge of that fact as if the real estate lease agreement was duly formed.
3. The defrauded is a general representative delegated with the authority to manage the said land in E and 70 parcels at the time and place specified in paragraph 1 to the victim F at the time and place. If the Defendant entered into a lease agreement with the said land, he/she may use the said land.
“A false representation was made.”
However, as stated in paragraph 1, the Defendant did not legally lease the entire land to the victim because he did not obtain the consent or delegation from 12 of the above land owners.
Nevertheless, the defendant is the above.