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(영문) 춘천지방법원 원주지원 2019.08.29 2019고단438
자격모용사문서작성등
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person who operates C Office in the original city B, D is a landowner in the original city E, and F is a person in a de facto marital relationship with the defendant.

On February 8, 2017, the Defendant purchased the land of KRW 180 million from D in the name of G and paid KRW 180 million out of the purchase of the land of KRW 180 million in the original city in the name of G, and did not have been delegated by D with the authority to sell the said land on behalf of the Dong. However, the Defendant committed so as to sell the said land to a third party as if D had the authority to represent.

1. Crimes committed on March 19, 2017;

A. On March 19, 2017, the Defendant entered “Seoul-do Won-si E” in the column for the location of the site for a real estate sales contract, “Sacheon-do million won” in the purchase price column, “H” in the buyer column, “F” in the seller column, and “D price A” in the name of the Defendant and affixed the Defendant’s seal.

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 duties, by gathering qualification as a proxy of D.

B. Article 1(1)1 of the Defendant for the uttering of qualification certificate.

At the time and place stated in the Paragraph, as seen above, H exercised a real estate sales contract, which is a private document concerning the rights and obligations that gather the qualification of agent of D, as if it was duly formed.

2. Crimes committed on May 30, 2017;

A. On May 30, 2017, the Defendant prepared a qualification-based private document: (a) stated in the column for the location of the site for the real estate sales contract in the original city E, in the purchase price column in Gangwon-do; (b) stated in the column for the buyer’s column, “I” in the seller column, “F” in the seller column, and “D A” in the agent column; and (c) affixed the Defendant’s seal next to the Defendant’s name.

Accordingly, for the purpose of exercising, the defendant is a private contract of real estate, which is a private document concerning rights and duties, by forging the qualification of agent.

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