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Defendant
A shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for six months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
[2012 Highest 5565] The Defendant was not the vice-chairperson of the F Co., Ltd. (hereinafter “F”), and was not related to the said F, in collusion with G, notwithstanding the absence of any connection with the said F, the Defendant was willing to acquire money from other persons by deceiving money as if he could have the right to sell the new apartment in relation to the construction site of the construction site of the apartment in Pyeongtaek-gun, I, and 18 parcels of the Gyeonggi-gun, which was implemented by H Co., Ltd. (hereinafter
Accordingly, the Defendant, under the name of the F representative Director J, made at will a contract for private construction works as if he was delegated by H, and based on this, made the victim L, who is K representative director, as if he could have the right to sell the apartment, and concluded a contract for selling the apartment by forging various documents, and received the money for selling by lots and acquired it.
1. In collusion with the above G on May 8, 2008, the Defendant: (a) in an office where the trade name near Gangdong-gu Seoul Gangdong-gu Seoul Metropolitan Government Office cannot be known; (b) the Defendant did not have the authority to prepare a contract for private construction works; and (c) despite the fact that G was delegated by H and M to act on behalf of the above contract, the contract for private construction works, stating the down payment of KRW 52,305,00,000 as “I apartment construction work”; and (d) indicated the contract deposit amount of KRW 52,305,00,00,000 as “H company MN G” in the contractor (A) column, signed the seal imprint of the O Co., Ltd., holding “F” in the contractor (B) column.
Accordingly, the defendant, in collusion with the above G, has no authority for the purpose of exercising his authority, and the above G is a representative of H company M, and the defendant uses the name of the F company J, thereby making a private construction contract, which is a private document on the duty of rights.