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(영문) 춘천지방법원 2016.04.28 2016고단142
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, who prepared a private document for qualification solicitation, did not have received a delegation from D, the owner of the building 105, 301, Gangwon-gun, Gangwon-gun, for the approval of the sale and disposal of the above real estate or for the preparation of a contract for sale and purchase.

On July 25, 2015, the Defendant: (a) stated the F building 102, which is the Defendant’s residence in Gangnam-gu, Seoul, Seoul, in the column for the location of the real estate transaction agreement form, “Tcheon-gun C building 105 Dong301, Gangwon-do, the seller’s name in the column for the purchase and sale of real estate; (b) stated the seller’s name in the seller’s column, “A” in the buyer’s column, “A” in the buyer column, and “G” in the buyer column; and (c) posted the said real estate transaction agreement to the buyer’s name, around 19:00 on the same day, the Defendant affixed the Defendant’s seal on the name adjacent to the above A’s name under the said real estate transaction agreement.

Accordingly, for the purpose of exercising the right, the defendant prepared a copy of the real estate transaction contract, which is a private document on rights and obligations, using the qualification of the agent of the above D.

2. The Defendant, at the same time and place as above, delivered a letter of real estate transaction, which was prepared as above, to G not aware of such fact, and exercised such private document.

3. On July 22, 2015, the Defendant, at the above Defendant’s residence, filed a written statement stating that “The Plaintiff traded 105 Dongcheon-gun C Building No. 301, Gangwon-gun Office’s Internet website bulletin board” on the Internet site free bulletin board, and reported it to the victim G who visited the victim. The Defendant was delegated with all rights related to the sale of real estate due to the Plaintiff’s fraudulent act, D, the owner of the said building, which was the owner of the said building.

Until August 20, 2015, a false statement was made, stating, “If the purchase price is paid in KRW 44 million, the ownership will be transferred on the same day.”

However, the fact is that the defendant is not any difference with D, and there is no fact that he was delegated with the authority to sell the above real estate.

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