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(영문) 대전지방법원 서산지원 2010.09.30 2009고단919 (1)
사기 등
Text

A defendant shall be punished by imprisonment for one year.

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

[209 Highest 919]

1. On June 30, 2005, in the case of the forgery of private documents and the fabrication of private documents, C, a person shall purchase from D the price of approximately KRW 100,000 per 3m2,00,000,000 per 3.3m2, and complete the registration of ownership transfer on or around June 30, 2005.

Defendant

A around 2007, at the F Licensed Real Estate Agent Office of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Ministry of Land, Infrastructure and Transport prepared a letter of proxy of real estate transaction to delegate the authority of D to Defendant A to perform all acts relating to the above Land Sales Contract, and marked D's seal impression prior to D.

In addition, on May 2, 2005, Defendant A made the sale price of the above land at KRW 780,000 (780,000), and the seller at KRW 780,000 (7,00,000) represents D, the buyer at KRW 3,00,000, prepared a real estate sales contract that the broker as F Licensed Real Estate Agent G, and signed his seal on the side of the seller’s agent “A”, and affixed the above licensed real estate agent’s office seal held in advance on the side of the broker.

Accordingly, for the purpose of exercising authority, Defendant A forged a letter of delegation of real estate transaction in the name of D, a private document on rights and obligations, and a letter of contract in the name of G, and forged a copy of a real estate sales contract in the name of D with qualification as agent.

2. On October 2005, Defendant A, a non-resident, purchased land E and one other, Chungcheongnam-gun, Chungcheongnam-gun, and purchased the land under his own name H, and did not pay any balance on the outstanding payment date. On January 25, 2008, Defendant A agreed that C received a loan as collateral and agreed to resolve the balance issue, and that C received a payment for the said loan and received a payment for the said loan after selling the said land to another person on February 2008.

Nevertheless, the Defendant, around April 2009, established the right to collateral security of KRW 462 million on the above land on January 25, 2008 without the Defendant’s prior consent, with the Defendant’s wife around January 25, 2008.

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