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(영문) 제주지방법원 2016.10.26 2016고단1650
사기등
Text

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

Reasons

Punishment of the crime

The Defendant did not have been delegated with all matters concerning the preparation of a sales contract, the purchase price, and the receipt of down payment, etc. with respect to the area of 7058 square meters (hereinafter “instant land”) prior to the five lots of land in Jeju-si, E, F, G, and H, in the name of C in a marriage relationship at the time of 207.

1. Preparation of qualification documents and private documents, and fabrication of private documents;

A. On August 24, 2007, at the J Licensed Real Estate Agent Office located in Jeju-si, the Defendant entered into a sales contract for the instant land with K on August 16:00, at the J Licensed Real Estate Agent Office located in Jeju-si, and made K enter into the sales contract for the instant land, and made K enter into the sales contract with K as “A” in the column for the location of real estate indication, “Miseo Man (150,000,000),” “Miseo Man (150,000),” “Miseo Man,000,000” in the column for the down payment, “F, G, E, H (5 lots),” and marked “A,00,000” in the column for the down payment, and marked “A” in the column for the buyer’s name and affixed C’s seal in advance on that name, and affixed the Defendant’s name.

Accordingly, for the purpose of exercising the right, the defendant has prepared a copy of a real estate sales contract, which is a private document concerning rights and duties, as a private document.

B. The Defendant prepared a real estate sales contract at the date, time, and place indicated in paragraph 1(a), and entered “A” in the receipt as the recipient C while receiving the down payment of KRW 15 million from K, and affixed C’s seal in advance, and affixed C’s seal under which “A and L” was written, and affixed the Defendant’s seal.

Accordingly, for the purpose of exercising, the defendant prepared a receipt, which is a private document on rights and duties, by recognizing C's agent qualification.

C. The Defendant, in preparing a real estate sales contract at the date, time, and place specified in paragraph 1(a), entered “A” and “C” in the item column for the delegated person of the power form in the letter of delegation, and then holds C’s seal in advance subsequent to the name of “A” and “C” in the letter of delegating.

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