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(영문) 부산지방법원 2015.01.21 2014고정4430
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. As to the preparation of a qualification-based document, the Defendant did not have received a delegation from the mother E of the above C to dispose of the above real estate or to the preparation of a sales contract with respect to No. 514 of the Busan Nam-gu D apartment, Busan, which was named in the name of the deceased C.

Nevertheless, at around 17:00 on June 19, 2012, the Defendant entered “A” in the column for the location of the site for the real estate sales contract in G real estate in which the Defendant was operated by the Defendant, which was located in Busan Metropolitan City, on June 17:0, 2012, stating “A” in the column for the location of the site for the land for the real estate sales contract, the Defendant affixed the Defendant’s seal next to the name of “A”, stating “A” in the seller’s column.

Accordingly, for the purpose of exercising the right, the defendant prepared a copy of the real estate sales contract, which is a private document concerning rights and duties, using the qualification of agent of the above C.

2. The Defendant, at the same time and place as that set forth in paragraph (1), exercised the following: (a) as if the real estate sales contract was duly formed, the Defendant issued the said real estate purchaser a certificate of qualification and exercised it to H.

3. In the same date, time, and place as stipulated in Paragraph 1, the defrauded: (a) had not been entrusted with the sale and purchase of real estate by C and E, the nominal owner of the said real estate, and (b) had no legitimate authority to relay the sale and purchase of the said real estate by committing himself/herself as a sales agent of C; (c) by deceiving the victim H as if he/she had legitimate authority to intermediate the sale and purchase of the said real estate; and (d) by deceiving the defrauded from

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of Acts and subordinate statutes on a real estate sales contract or remittance receipt;

1. Articles 347(1), 232, 234, and 234 of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts;

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