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(영문) 대전지방법원 2013.12.05 2013고단2718
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 agreed with C to dispose of, and distribute profits from, the development costs of the forest when the Defendant developed the forest in question, which is owned by C, with respect to the size of land D, E, F, G, and G 5,533 square meters. Accordingly, C sold F from the forest in question (hereinafter “instant forest”) to the Defendant without obtaining C’s consent, by selling the seal attached to C, thereby raising the development costs of the forest in question, without obtaining C’s consent.

1. On April 14, 201, at the I Licensed Real Estate Agent Office run by the Defendant at Sejong-si (H), the Defendant copied the Defendant’s resident registration certificate and C’s resident registration certificate in turn, and delegated A with all his/her authority over the sale of “Yancheon-gun, Chungcheongnam-gun D, E, F, and G land (forest)” under the supervision of A using a test color pen, and arbitrarily stamped C’s seal that he/she had in advance, as described above, in C’s name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of C, a private document on rights and obligations.

2. As to the instant forest land under a name C, the Defendant did not have obtained a consent from C to sell or dispose of the said forest land, or a delegation from C to the preparation of a sales contract.

On May 12, 2011, at the end of April 2011, the Defendant at a “K” restaurant located in the Seo-gu Daejeon Daejeon District Court around 19:00.

5. The phrase “F925 square meters (280 square meters)”, “F9,000 million won (55,000,000) in the column of the terms and conditions of the contract,” and “F9,000,000 won (2,000,000 in the down payment column) in the balance column” in the contract prepared and kept in advance by using a computer in the office of a licensed real estate agent as described in paragraph (1) at the office of the same real estate agent as described in paragraph (1), and the seller (A) in all process at the time of the buyer’s farm housing permission in the column of the special agreement.

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