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(영문) 광주지방법원 2014.11.12 2014고단3276
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who works as a brokerage assistant at D Licensed Real Estate Agent Office located in Gwangju North-gu, Gwangju, as a broker. On March 2014, the Defendant was entrusted with the transfer of the right to lease against the relevant party.

After that, around 11:00 on March 22, 2013, the Defendant received KRW 4 million from G in the office of the above brokerage office “the premium was received at KRW 4 million,” and the Defendant received one copy of the contract for acquisition or transfer of the right (facilities) in the name of G, which entered as “the premium in total” as “the premium in total, KRW 4 million,000,000,000,000,000 from H who want to take over the right of lease in this case, and paid KRW 6 million out of that amount to G as the premium in order to bring it to the lessee.

이에 피고인은 행사할 목적으로 권한 없이 2014. 3. 22. 12:00경 위 사무실에서 검은색 볼펜을 사용하여 G이 작성한 위 양수ㆍ양도계약서의 총 권리금 란에 기재된 ‘사백만 원’의 ‘사’자를 새까맣게 지운 후 그 앞에 ‘육’자를 써넣어 마치 총 권리금이 ‘육백만 원’인 것처럼 그 내용을 변경함으로써 권리의무에 관한 사문서인 G 명의의 권리(시설)양수ㆍ양도계약서 1장을 변조하였다.

At around 13:00 on March 22, 2014, the Defendant continuously presented one copy of the altered G name’s right (facility) acquisition and transfer contract, as if the document was duly formed, to H, who seeks to acquire the right of lease at the above office.

2. In fact, the Defendant received premium for the transfer of F’s right of lease amounting to KRW 4 million from G upon request by G, but around March 22, 2014, at the above brokerage office office office around March 13:00, G, a principal week of the restaurant, is the premium.

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