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(영문) 서울고등법원 2013.08.23 2011노808
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the lower court rejected the credibility of F’s statement and acquitted the Defendant on the ground that F’s statement was reliable and that F was the source of the deposit without determining the credibility of the Defendant’s statement, although the Defendant’s statement was not reliable.

B. As to the real estate lease contract in the name of I, the proxy forgery and use of the letter of delegation, and the preparation and use of a receipt with the qualification of the I's agent, documents such as the above lease contract and power of attorney were forged by the defendant, and since I was only aware of the preparation process of the above document and there was a change in its statement, it is improper to dismiss the credibility of I's statement on this ground.

In addition, the exchange contract with respect to H building 603 of Gangnam-gu Seoul Metropolitan Government H building 6th 603 (hereinafter “H building 603”) is merely a provisional contract scheduled to terminate, and so long as the ownership of H building 603 is not transferred, the legal owner is strictly legally entitled, and when indicating the recording number of recording I and Defendant’s dialogue (2009 high-scale 1531 case number; hereinafter the recording number is indicated, the recording number shall be indicated in accordance with the case number of the first instance court. Evidence record 501 to 513) and the confirmation document prepared by the Defendant in his own pen (2009 high-scale 1531, 489) also includes the content that “I is irrelevant to a pre-tax contract, at all, not an I responsibility to prepare a real estate lease contract.” In light of the fact that the Defendant does not have the authority to create a real estate lease agreement and so on, the Defendant does not have the authority to do so.

(c) Preparing and holding a sales contract in the name of S, and preparing and holding a sales contract for real estate with a qualification as a representative of S.

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