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(영문) 춘천지방법원 2016.12.16 2016고단623
사문서위조등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On June 6, 2015, Defendant A’s sole criminal defendant concluded a sales contract with the victim E at the Defendant’s office located on the fourth floor of Yongsan-gu Seoul Metropolitan Government D Building, stating that “The Plaintiff signed a sales contract with the original owner of Yongsan-gu F Building B147 and the domestic company, which is the representative, can sell the sales contract at a rate of 5%, because it is possible for the Plaintiff to sell the sales contract at a rate of 5%.”

However, the fact that the defendant was not the representative director of the above G company at the time, and the original owner of the above G company did not conclude the above consignment sale contract between G company and the above owner, and even if the defendant receives the down payment, etc. from the victim because the defendant did not have the right to sell the above commercial building, there was no intention or ability to sell

Around July 1, 2015, the Defendant, by deceiving the victim, entered into a sales price agreement with the said commercial building B147 at the Defendant’s office, and received KRW 1 million from the victim as the down payment on June 6, 2015 and KRW 18 million around July 1, 2015.

2. Defendants’ co-principal conduct

A. On July 27, 2015, Defendant A offered that “A, while making a telephone conversation with Defendant B, talked with the victim E as if he had a legitimate right as a purchaser of the FF store 207, Yongsan-gu Seoul, Seoul, with a certificate of seal impression, a certificate of personal seal impression, and an identification card necessary for document preparation, and as if he were a purchaser of the contract, Defendant B accepted this.”

After that, around July 28, 2015, at the office of the defendant A as stated in paragraph (1), the defendants entered the sale contract as H in the seller column, and as B in the buyer column, the defendants entered the sale contract as H in the seller column, and the above F commercial building No. 207 in the buyer column, and the defendant B issued the certificate of seal impression to the defendant A to affix it to the sale contract.

(b).

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