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(영문) 수원지방법원 안산지원 2016.03.17 2015고단3719
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2009, the Defendant received 30 million won from J as the down payment for the said land purchase and sale contract, and paid 10 million won to the Defendant and I under the pretext of introduction, to the victim H, the agent of the seller in relation to E, F, and G land owned by D, along with the Plaintiff, as well as to the buyer J, and two other persons.

After September 2009, the defendant was unable to maintain the above sales contract from the victim H.

The contract shall be terminated, and the contract deposit shall be refunded to the J, and the contract deposit amount of KRW 20 million shall be refunded to the J, which has been received at the time of receipt by the J of each written waiver of the contract and the transaction contract.

“I hear the word “,” and had the mind to commit the instant crime.

1. On September 2009, the Defendant forged a private document: (a) printed out the document stating the content of “J” by means of a computer at a place in an irregular manner; (b) collected the down payment for the sales contract of the given goods; (c) recognized the invalidation of the contract; and (d) renounced the right; and (c) prepared in advance to the name of J.

J has affixed a seal under the name of J.

Accordingly, for the purpose of uttering, the Defendant forged a letter of renunciation in the name of J, which is a private document on rights and obligations.

2. On September 29, 2009, the Defendant exercised the aforementioned investigation document at the L real estate office located in K in Sungsung-si around September 29, 2009, as if the victim H was aware of such forgery, with the fact of forgery as described in paragraph 1, and exercised it as if the written waiver was duly formed.

3. The Defendant, at the time and place described in paragraph 2 and at the time and place described in paragraph 1, presented a forged waiver, as described in paragraph 1, while doing so as to have been delegated by J with the power to receive down payment, the Defendant was released from 20 million won and I received from J.

It will return to J of 10 million won.

‘A false statement' was made.

However, the defendant is entitled to receive down payment from J.

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