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Reasons
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(영문) 인천지방법원 2017.03.24 2016노4468
자격모용사문서작성등
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The judgment below

The part against the Defendants is reversed.

The Defendants are not guilty. The Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. In collusion with K, the Defendants were not able to prepare the instant real estate transaction contract with respect to the head office of the JJ, and there was no such intent, and even if the facts were recognized, the illegality is dismissed in the case where the JJ-based presumption consent was obtained.

Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence against the illegal Defendants (Defendant A: fine of KRW 500,00,000, and fine of KRW 1 million) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged 1) The Defendants and K did not have been delegated by the J New Council of Council or President B with respect to the sale or purchase of “the land and buildings of the Incheon Southern-gu L site and building” owned by the JJ, or the preparation of a contract for sale or purchase.

Nevertheless, on October 20, 2015, the Defendants and K had an authorized intermediary M and NN, who is aware of the fact at the above JJ office, enter and print the “YYY” in the column of the location of the site for real estate sale and purchase contract, “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

As a result, the Defendants and K drafted a copy of the real estate sale contract, which is a private document on the rights and obligations, with the intent of exercising the power as an agent for the J new consultation.

2) The Defendants and K in the event of a private document prepared in conspiracy with the above Defendants and K deliver the real estate transaction contract prepared at the above time and place to O who is aware of the fact as if it was duly formed.

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