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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant was a past decedent.
D had the mind to arbitrarily dispose of real estate, such as D's harmony E, using the cryptism that it is impossible to communicate due to the propagation of a pre-building line, waveinson's disease, dementia, etc.
1. Although the Defendant did not have been entrusted with the sale and purchase of the pertinent real estate by D, the Defendant entered into a sales contract with D’s seal imprint in order to prevent the conclusion of this sales contract by F (the Defendant’s former address), which is a D’s child, around June 23, 2016, to sell E, I, J, K, and L, which is owned by D from H A’s office located in Suwon-si, Suwon-si, Suwon-si, and entered into a sales contract with D to sell the real estate by using the computer in the certified judicial scrivener’s office [a] column of the terms of the contract with the seller and the buyer as follows:
(C) After having the seller prepare the sale price of KRW 600,00,000, the down payment of KRW 60,000,000, the intermediate payment of KRW 40,000,000, the remainder payment of KRW 500,000,000, the remainder payment of KRW 500,000,000, the seller’s column “N,O, P,D,” and the agent column of Gyeonggi-do, the seller’s column “S, 101, 301, 301, R, A, and the buyer column of Gyeonggi-do,” written the seller’s name and affixed a seal of D at his own discretion.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the real estate transaction agreement in the name of D, which is a private document on rights and obligations.
2. The Defendant, at the time and place specified in paragraph 1, exercised the forged real estate transaction agreement to V, a management director of M Co., Ltd., who knew of the forgery, as if it were duly formed.
Summary of Evidence
1. Each legal statement of witness F and W;
1. Statement of each part of the defendant and F in the prosecution, the police investigation protocol against the defendant, or the suspect examination protocol;
1. Some of the police statements made in F and W, respectively;
1. Investigation reports ( execution of a warrant of search and inspection of evidence and search);