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(영문) 대구지방법원 안동지원 2015.11.06 2015고단92
사문서위조등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months.

However, 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

The Defendant is a licensed real estate agent operating a F Licensed Real Estate Agent in Daegu-gu E, and B is a broker assistant of the above office, and around March 5, 2014, around 2014, the Defendant formed a L association with 12 owners of the right to sell the land on the size of 462 square meters in the new urban construction project zone for the relocation of the Gyeongbuk-do Office, including the victim G, the victim H, the victim I, the victim J, and the victim J, and was engaged in the mediation and management of the disposition entrusted by the members.

1. On March 5, 2014, the Defendant, as mentioned above, was entrusted with the management of the right to sell in lots by the victims, and thus, there was a occupational duty to keep the right to sell in accordance with the purpose of delegation without the consent of all the members, including the victims, and the resolution of the general meeting.

Nevertheless, on April 9, 2014, the Defendant violated the above occupational duties without the consent of the victims, without purchasing 5/12 of the shares in the sale right owned by the victims, in a real estate real estate agent office located in Ansan-si, Ma, the Defendant prepared a sales contract stating that the entire sale right, including the above shares, is sold to Echin Co., Ltd. 60 million won and received 200 million won as the down payment on the same day.

B In addition, on May 26, 2014, by submitting an application for change of the name to the effect that the said right of sale is transferred to EP, a corporation in charge of the said construction, and a land sale and sale contract, etc. at the office of EP, the office of EP, a new urban construction headquarters of EP, a Sincheon-si on May 26, 201, and transferred the said right of sale to EP, a corporation in charge of the said construction, and received KRW 172,743,40 in cash.

As a result, the defendant acquired financial benefits equivalent to KRW 250 million in total of the market value of the victims' share in the right to sell, and suffered the same damages to the victims.

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