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(영문) 부산지방법원 동부지원 2017.02.02 2016고단2679
공문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2015, the Defendant is required to make a bid bond to the victim B who is the investor of the real estate auction business in the Buddhist land in order to file an application for auction of real estate in the city of Jinju and Minsan C apartment in the city.

“False speech was made to the effect that it was “.”

However, there was no intention or ability to use as a bid bond even if the defendant received money from the injured party because he thought that he will use it for personal futures investment by receiving money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 8 million from his/her female as a bid bond on June 23, 2015, and obtained KRW 5 million around August 4, 2015, and obtained KRW 10 million around September 17, 2015 from each remittance and acquired KRW 23 million in total.

2. On August 2, 2015, the Defendant forged an official document or forged official document: (a) without authority to show that the Defendant was actively engaged in auction investment activities by the Defendant, a residence of the Defendant located in the Busan-gun; (b) around August 2, 2015, the Defendant received KRW 5 million as the guaranteed amount for the sale of real estate related to auction by using the computer.

The “Receipt Certificate” prepared and printed out the “Receipt Certificate”, and then forged a receipt of the amount of security deposit for real estate sale in the name of the above execution officer E, which is an official document, by affixing the seal of the Defendant on the name of the above E, and exercised that receipt to the above B, who is unaware of the fact, at a trade name in the French shop located in the name of not more than Busan Fung-gu, around the 3th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), Article 225 of the Criminal Act (the point of Article 229 of the Criminal Act), and Article 229 of the Criminal Act.

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