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(영문) 울산지방법원 2016.07.22 2016고단15
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A private document prepared for qualification mix 34,1643 square meters of D 34,1643 square meters in E, F, and G were jointly owned by E, F, and G, but the written indictment stated that “The Defendant jointly owned D forest land at Kimhae-si,” but the aforesaid forest land was jointly owned by E (2/4 of equity), F (1/4 of equity), G (1/4 of equity), and G (1/4 of equity), and this part of the indictment appears to be a clerical error.

Therefore, the above correction is made in accordance with the facts obtained through the examination of evidence without any changes in the indictment to the extent that it does not disadvantage the defendant's defense right.

The defendant did not have received an approval from E to dispose of the above real estate or a delegation from E to prepare a trade contract.

On March 5, 2015, the Defendant entered “E” in the I Office located in Kimhae-si, Kim Jong-si, “the content of the contract,” etc. as “E” in the instant real estate and J forest, and in the form of the real estate sale contract with respect to three parcels of K forest and forest, the Defendant entered “E” in the name side of E, which was entered in advance, in the separate list of buyers of the purchase and sale contract.

Accordingly, for the purpose of exercising the above E's representative qualification, the Defendant prepared a copy of the real estate transaction contract in the name of the above E, etc., which is a private document on rights and obligations.

2. The Defendant, at the time, at the time and place specified in paragraph 1, issued a real estate transaction contract prepared as above to L and M as if they were duly formed.

3. The defrauded prepared a contract to trade three parcels of the above real estate in KRW 1.5 billion with the recognition of the agent qualification of the above E at the time and place referred to in paragraph (1). When each victim N's husband L and husband M of the victim N who was delegated by each victim with the authority to conclude a sales contract, "the three parcels of the above real estate are owned actually within the above real estate," and the above E and all of the co-owners' rights to trade with each other.

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