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(영문) 부산지방법원 동부지원 2018.01.23 2017고합53
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant A operated the E for the purpose of factory construction from around 2012 to around 2013.

Defendant

A A is delegated by G, the representative director of F Co., Ltd. (hereinafter “F”), around May 3, 2013, to transfer the site of a factory being created in the H in Yangsan-si, Yangyang-si, Yangyang-si. In order to prevent the sale of real estate or the purchase-price of Defendant A from selling real estate, the power of attorney for comprehensive transfer and acquisition of the business granted by Defendant A to the F Co., Ltd. (hereinafter “F”), refers to all contracts with the F representative director and the final contract.

Although Defendant A was prohibited from entering into a final sales contract by itself, Defendant A pretended to have been delegated with the right to enter into a real estate sales contract by G, and sold the relevant factory site, and had the purchaser receive the purchase price from the buyer.

1. On August 2013, 2013, Defendant A altered a letter of delegation for comprehensive transfer or acquisition of a business, the term “all contracts” of the power of attorney for comprehensive transfer or acquisition of a business with FF representative director and the final contract with the FF representative director.

The phrase “F” in the part “F” is written and written as “E” and all contracts are made as “E representative director and final contract.”

“In the way of modifying the phrase “a letter of delegation for comprehensive transfer and acquisition of G business in the name of G, a private document on fact certification, was modified.”

2. The Defendant A forged private documents, such as a real estate transaction contract, at a location below Busan on August 2013, preparing a real estate transaction contract with J, a representative director of the Plaintiff, a purchase company, and a real estate transaction contract, without authority, for the purpose of exercising the contract, and using a computer in blank to “real estate transaction contract, business site: H one day in Yangnam-do and the site area in Yangnam-do.”

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