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(영문) 인천지방법원 부천지원 2016.04.29 2015고단2886
사문서위조등
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. The fraud against the victim E and the victim F is the head of the “H” corporation, the sales agent of Gtel, and the Defendant B, the head of the team team of the above company, respectively, received 1-1.5% of the sales price at the time of concluding the officetel sales contract.

At the time, G Officetel’s operator had to sell an officetel unsold in lots first, and ordered the Defendants not to sell it under the condition of resale. At the time of sales contract, the G Officetel’s operator had the Defendants submit a document confirming that “it is not a contract under the condition of resale” from the buyers.

Nevertheless, in order to increase the performance of the sales contract, the Defendants enticed customers who wish to resell marginal profits to "to assume the responsibility for resale".

On June 2013, the Defendants made a false statement to the Gtel sales office located in Seocheon-gu Seoul Metropolitan Government I, the victim E and the victim F that “I will be held liable for resale, and 20 million won can be collected within two to three months if the contract deposit is feasible, and if the contract deposit is placed, the Defendants will return the contract deposit.”

However, in fact, the Defendants had been prohibited from selling conditions in the officetel operator, and there existed many unsold officetels at the time so that the difference can not be left as a result of resale. In the event the customers cancel the contract, 10% of the supply price should be paid as penalty to the officetel operator. Therefore, the victims could not return the down payment at their own discretion.

Ultimately, the Defendants conspired to induce victims to enter into a sales contract with the victim E on June 13, 2013 for Gtel 605 worth KRW 88.6 million, and the victim F to enter into a sales contract with the victim F on June 13, 2013. The above officetel 604 and the above officetel 606 million worth KRW 88.6 million.

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