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(영문) 수원지방법원 성남지원 2013.07.12 2013고단1039
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a licensed real estate agent who operated D office in Gangdong-gu Seoul Metropolitan Government.

On May 30, 2008, the Defendant arranged a sales contract (the nominal owner shall be 327,600,000 won in terms of the sales contract) to sell the price of KRW 175,00,000 (the price entered in the sales contract shall be 327,60,000 in the amount of the price entered in the sales contract) to F for the victim E, who sells the said land to F (the nominal owner shall be H of the said F).

According to the above sales contract, the injured party was transferred to F in full from F until August 31, 2008, the total amount of KRW 175,000,000. Since the instant land could be expropriated as a Bogeumjari housing zone before completing the registration of ownership transfer under H’s name, E agreed to deliver the land to F when receiving the compensation for expropriation, and E received KRW 182,00,000 as the compensation for expropriation from the Korea Land and Housing Corporation around March 3, 2011.

1. A around September 2010, the Defendant forged private document: (a) at the D office operated by the Defendant in Gangdong-gu Seoul Metropolitan Government, H enter H as a black pen on paper L; (b) enter “H” in the title column by using a computer on paper paper between H and H; and (c) enter the content “A return, Gyeonggi-do Ha-si I”;

1.The principal shall assign to He the following subject matters:

[Indication and Subject Matter of Real Estate to be Transferred] The rights and obligations of the buyer under the sales contract (Attachment) entered into between the buyer and E with respect to real estate at 833.06 square meters in 2008 between the seller and E are transferred to A, and the same transfer is made as the claim in this transfer;

2. We agree to this Assignment, with their own intention and with a view to not raising any objection to civil and criminal matters.

Terms and Conditions of Assignment: A-owned real estate immediately upon receipt of the principal letter of assignment.

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