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(영문) 부산지방법원 2013.04.05 2012고합1256
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

[criminal power] On March 17, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for violating the Act on Special Measures for the Registration of Real Estate at Busan District Court. On October 30, 2009, the above judgment became final and conclusive on October 14, 201, and was sentenced to 1 year and 6 months of imprisonment with labor at the Busan District Court for fraud, etc., and the above judgment became final and conclusive on December 14, 201.

【Criminal Facts】

A. The Defendant is the actual operator of the company D, which conducts the apartment sales agency business. The Defendant, along with the Defendant, arranged a sales agency contract with the executor or the contractor who intended to dispose of the unsold apartment units, etc., ordered the F and G to forge the sales agency contract under the name of the representative director of the KS construction company in order to pretend that the Defendant had the right to sell H apartment units, and E, upon receiving the Defendant’s instructions, intended to forge the sales agency contract under the name of the representative director of the KS construction company.

B. On August 21, 2008, the Defendant forged private document 1, 2008, even though he did not purchase 10 households of unsold apartment units H in Busan-gu, Busan-gu, but ordered the above E to forge a sales agency contract under the name of the representative director of the KS construction as if he bought 10 households of unsold apartment units in lots. E had, without authority, J, an employee of the K, the purpose of exercising the right, enter into a sales agency contract using the computer in the office of 701 office of the Busan-gu International Shipping Daegu, Busan-gu, Busan-do, for the purpose of exercising the right.

It is concluded between the parties.

"The terms and conditions of the real estate sale contract" are as follows:

1) The number of households under contract: 10 households (67 square 6 households, 34 square 4 households), 75 percent of the initial selling price (3,849, 440,000 won) and 3 transaction schedule - The limit of August 21, 2008, - The payment of balance and the transfer of ownership: September 15, 2008.

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