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(영문) 대전지방법원 서산지원 2013.07.12 2013고단155
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On May 2012, the Defendant, at the Seocho-si’s office located in the Seocho-si, Seocho-si, Sinsan, declared the victim D’s land cadastre of F-si F-si, the land owned by E, and made a false statement that “The F-si, Sinjin-si, is a clan land with the size of 24,83 square meters, and if the down payment is KRW 20 million, the Defendant purchased this land and sold it within one month, and would offer the principal and profit amount of KRW 7 million.”

However, the fact was that the Defendant purchased the above land or had no intention or ability to sell it, and even if the Defendant received KRW 20 million from the victim, he was a plan to use it for personal debt repayment, not for the down payment necessary for the purchase of land.

On May 3, 2012, the Defendant, by deceiving the victim, received KRW 20 million from the victim’s wife G account on May 3, 2012.

2. The Defendant, as stated in paragraph (1), received KRW 20 million from D, with a view to forging a real estate sales contract in order to make the said land believe that the sales contract was actually concluded.

Accordingly, on May 13, 2012, the Defendant: (a) at the first office located in H on May 13, 2012, using a verification-type pen in the real estate sales contract form; (b) “Y in Chungcheongnam-si,” “Y in the land category column; (c)” “2,483” in the column for indication of real estate in the column for indication of real estate; (d) “YY, 50,000,00” in the sale price column; (b) “YY, 2012, 6,11”; and (c) “B” in the column for special agreement in the remainder column, the seller terminated the seller’s right to collateral security (credit union) prior to the remainder date. The seller kept the seller’s name and seal in the column for indication of real estate using a verification-type pen in the form of a real estate sales contract form; and (e) “YJ, K, J,” the seller’s name and seal attached in the column of Daejeon-gu, Daejeon.

Accordingly, for the purpose of exercising, the Defendant forged one copy of a real estate sales contract in the name of J, which is a private document on rights and obligations.

3...

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