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(영문) 전주지방법원 2020.11.11 2019고단2088
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a member of the clan, and there was a complaint against the Defendant’s disposal of the said clan 4,311 square meters, E, E, 2,674 square meters, F, 69 square meters, G 1,911 square meters, which is the representative of the said clan, to H.

Accordingly, the Defendant asked I to sell the real estate in the name of the said clan at the J Licensed Real Estate Agent Office located in Seongdong-gu, Jeonjin-gu, Jeonju on October 26, 2018, and entered into a provisional contract with the buyer, and I appears to have “I” in the column of the site where the real estate sales contract site is located, the “I” appears to be a clerical error in writing in the column of the site where the land for the sale and purchase of the real estate was located.

Then, the following agency column stated “A” as “A,” and directly sealed each seal on L and A’s name and affixed it to K who is not aware of that fact.

Accordingly, for the purpose of exercising the right, the Defendant prepared a copy of a real estate sales contract, which is a private document concerning rights and obligations, with the qualification of an agent of the above H, and exercised it.

Summary of Evidence

1. Each legal statement of witness I, K and M;

1. Examination protocol of police suspect regarding L;

1. Statement to C by the police;

1. A copy of a real estate sales contract, a certified copy of the real estate register, e-mail answers by H, judgment of the first instance, judgment of the second instance, and application of statutes of the Supreme Court

1. Relevant Article 232 of the Criminal Act, the choice of punishment for the crime, Articles 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. The seller’s column of a real estate sales contract, for which the defendant and defense counsel claim, is entered.

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