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(영문) 대구지방법원 포항지원 2019.05.01 2018고단1574
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2017, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on February 8, 2018.

【Criminal Facts】

1. Around September 8, 2016, the Defendant made a false statement to the victim E, who purchased the land owned by D clan at the office of a branch of the Gyeonggi-si Kim Jong-si, the Defendant: “B” is the representative of the D clan; the clan would sell the land owned by the clan Kim Jong-si F and G in the clan and attempt to newly construct the clan in the form of a purchase price.”

However, the defendant was not a legitimate representative of the above clan and was not delegated with the authority to sell the land by the clan.

The Defendant received 80,000,000 won from the victim’s Hbank account (I) in the name of the Defendant on the same day as the down payment, and 150,000,000 won in the name of the balance around September 28, 2016, and received one cashier’s check issued around September 28, 2016, which is KRW 244,925,000.

Accordingly, the Defendant was given property worth KRW 394,925,00 by deceiving the victim.

2. Forgery of private documents, preparation of qualification-based private documents, and holding of such documents related to the sale and purchase of real estate;

A. On September 8, 2016, the Defendant prepared a real estate sales contract in order to sell the above clan land at the office of the branch office of the Gyeonggi-si Kimpo-si, the Defendant: (a) had a licensed real estate agent J enter the real estate agent J into the seller’s address; (b) stated the registration number of the clan in the seller’s address column, “L”; (c) “D clan” in the telephone column; (d) “M” in the name column; (d) the agent address column, “P” and the name column in the name column; and (d) affix the official seal of the clan prior to the name of the said clan, and affixed the Defendant’s seal on the side of the Defendant’s name.

Accordingly, for the purpose of exercising, the defendant prepares a contract for the sale of real estate with the qualification of the representative of the same clan, and at the same time he has rights and duties.

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