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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
"2016 Highest 4613"
1. On February 2, 2014, the defrauded stated that “D real estate” offices located in Yangsan-si Co., Ltd. in Yangsan-si (“D real estate offices”) concluded that “The victim E purchased the land with a burden of KRW 70 million and sold the land together with a burden of KRW 70 million, which may lead to a lot of gains.”
However, in fact, the Defendant was thought to consume personal stock investment, etc. by receiving money from the injured party as the purchase price of land, and there was no intention or ability to purchase the land to the injured party.
Around February 20, 2014, the Defendant, by deceiving the victim as above, received KRW 70 million in total as cash and check around September 2, 2014 from the victim, and received KRW 50 million from the victim as the purchase price for the land around February 20, 2014.
2. Forgery of private documents and the uttering of a falsified investigation document;
A. On August 19, 2014, without authority, the Defendant entered “F, G, H, I, I” in the real estate indication column for the land purchase and sale contract form without authority at the above location and entered the name and back of the seller’s resident registration number in the seller’s column and entered “J” voluntarily and entered the seller’s name and back of the resident registration number in the seller’s column.
J Formulate a copy of a land transaction agreement in the name of J, a private document concerning rights and duties, affixed with the seal affixed by the J, and
B. (a) At the time, at the same time, the above forged transaction agreement was presented to E as if it was a genuine transaction agreement.
The defendant of "2017 Highest 104" is a person who runs real estate brokerage business under the trade name of "D real estate."
1. The Defendant, at the above D real estate office located in Yangsan-si around August 19, 2014, had, without authority, a real estate employee under the title “Agreement” on A4 paper, for the purpose of uttering.