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(영문) 인천지방법원 2016.05.13 2015고정482
사기등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged [the progress of the case] around March 8, 2012, the Defendant purchased at the husband K of the J, one of the husband of the J, and the real estate of this case, at KRW 340 million, on behalf of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, G, H, and I (hereinafter “the instant real estate”) at KRW 40 million, on behalf of the Defendant, and entered into a sales contract to pay the remainder of KRW 310 million on the date of the contract, and the remainder of KRW 30 million on March 23, 2012.

Since L, J, and M (hereinafter “L, etc.”) who is the owner of the instant real estate did not perform the obligation under the sales contract, the Defendant received a favorable judgment that “L, etc. shall jointly and severally pay to E amounting to KRW 60 million and interest thereon,” the Defendant filed a lawsuit claiming the down payment and penalty against the said L, etc. with the Incheon District Court (No. 2012 Ghana 81066) and filed a lawsuit claiming the down payment and penalty with the Incheon District Court on February 21, 2013.

[2] The Defendant: (a) at the victim M’s office located N in Ansan-si around May 15, 2013; and (b) there was no fact that the Defendant was delegated by E to receive the agreement amount pursuant to the instant real estate sales contract in lieu of the agreement amount pursuant to the instant real estate sales contract; (c) the Defendant, the husband of the Defendant,

E’s seal shall be affixed to the aboveO on the name of E, and a written agreement in the above name of E shall be issued to the above M who is unaware of the fact, and it shall be issued to the victim M with KRW 20 million under the pretext of agreement.

Accordingly, for the purpose of uttering, the defendant forged one copy of the agreement in the name of E, which is a private document on rights and duties, and issued a forged agreement to M, and exercised it, and acquired 20 million won from the damaged person.

2. Determination

A. The Defendant asserts that the instant facts charged do not constitute a crime since he/she was delegated by E with the authority to prepare a written agreement entered in the facts charged (hereinafter “instant agreement”).

B. In full view of the following circumstances acknowledged by the evidence adopted and examined by this Court, E shall be the Defendant.

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