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(영문) 의정부지방법원 2016.09.27 2016고단2307
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

The defendant did not have been delegated by C with the authority to prepare a pre-sale contract for apartments 405, 1003, 405 and 1003, which is owned by C.

1. Preparation of private documents for qualification solicitation;

A. On June 30, 2009, the Defendant prepared a private document for qualification enhancement on or around June 30, 2009, in the “G Official Brokerage Office” for F’s operation under the building No. 101 in Dongducheon-si, Dongducheon-si, the Defendant appears to be a clerical error in the column of the site for the apartment lease contract using a computer. The Defendant appears to be the KRW 10,000,000,000, written in the deposit column as stated in the original indictment.

“In the lessor column, the name and address of C, the name and personal information of the Defendant in the lessor column, the name and personal information of H in the lessee column, and the name and personal information of H were stated in the lessee column, and the seal of the Defendant was affixed thereto.

Accordingly, for the purpose of exercising the right, the defendant prepared a chapter on the lease contract for apartments, which is a private document on rights and obligations, by gathering the qualification of agent of C.

B. On August 1, 2009, the Defendant drafted a private document for qualification gathering around August 1, 2009, upon receipt of KRW 60 million from H under the said apartment lease agreement entered into with H at the said place, and entered the receipt as “C Price A” in the column of the issuer of the receipt, and affixed the Defendant’s seal on the name side.

Accordingly, for the purpose of exercising, the Defendant drafted a copy of receipt of private documents concerning rights and duties, which imitates C’s proxy qualification.

2. The Defendant, at the time and place specified in Paragraph 1, exercised the pre-sale contract for apartment, and the receipt as if they were duly formed, respectively, to H who knew of the fact.

3. The Defendant’s fraud refers to a false fact to the effect that the victim H was delegated with the authority to conclude an apartment charter contract by the victim H, such as the date, time, place, etc. set forth in paragraph 1-A, and the date and place set forth in paragraph 1-A., and apartment.

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