Text
Defendant
The appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant had forged a certificate of completion of the real estate transaction contract under the name of the 1 billion fake market as stated in the facts charged, the judgment of the court below convicting all of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The lower court’s sentencing (10 months of imprisonment) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. The court below held that ① the actual purchaser of the instant real estate is the defendant, ② the actual purchaser of the instant real estate is the cause of 1 billion won, ② the Defendant separately prepared a false real estate transaction contract with the purchase price of the instant real estate in which KRW 2.2 billion was stated, ② the Defendant was granted a certificate of completion of a real estate transaction contract with the name of another real estate transaction contract and borrowed money for the payment of the purchase price from one bank; ③ there was no issuance of a certificate of completion of the instant real estate transaction contract with the same serial number as the certificate of completion of the real estate transaction contract with the 2.2 billion won real estate transaction contract (hereinafter “certificate of completion of the instant real estate transaction contract”). ④ Therefore, it is evident that the certificate of completion of the instant real estate transaction contract was forged, and therefore, it appears that there is no motive to forge the certificate of completion of the instant real estate transaction contract, which is an intermediary for life insurance or sales contract with the intention of selling the instant real estate in KRW 1 billion.